KWEINOR TEI KWABLA FORZEE & ORS v. NENE KWAKU DARPOH & ORS
2016
SUPREME COURT
GHANA
CORAM
- Anin Yeboah
- Baffoe-Bonnie
- Benin
- Akamgba
- Appau
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
- Administrative Law
2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court judgment, authored by Yaw Appau, JSC, arises from a land ownership dispute over approximately 9,404 acres at Terkpenya in Greater Accra. Kweinor Tei Kwabla, head of the Forzie Family of Old Ningo, sued to declare title and challenge two registered interests: a vesting assent in favour of Nene Kwaku Darpoh (Chief of Dawhenya; Arden & Darpoh Family) and a lease executed by Numo Awuley Kwao (Awuley Kwao Family of Miotso, Prampram). The Lands Commission entered appearance but remained neutral. The High Court dismissed both the Plaintiff’s claims and the 1st Defendant’s counter-claim, awarding costs to the 3rd Defendant; the Court of Appeal affirmed. On further appeal, the Supreme Court emphasized the narrow scope for disturbing concurrent findings and found the 1st Defendant failed to prove the identity and boundaries of the land claimed, with shifting acreage and inconsistent descriptions. The Court confirmed that the registered vesting assent and lease were not expunged, struck out the Plaintiff’s unsolicited submissions, and declined to set boundaries between the Prampram families since no such issue was pleaded.
JUDGMENT
YAW APPAU, JSC:
My Lords, the appeal before us is a progeny of a three-pronged action initiated by the Plaintiff Kweinor Tei Kwabla who described himself under paragraph 1 of his Statement of Claim as the head of the Forzie Family of Terkpenya, Old Ningo on whose behalf he sued. The endorsement on his writ of summons filed on 14/02/2007 was as follows:
1. Plaintiff claims against 1st and 3rd Defendants:
(a) A declaration of title to the vast tract and parcel of land being, lying and situated at TERKPENYA in the Greater Accra Region containing an approximate area of 9404.28 acres more or less and which piece and parcel of land is more particularly described in paragraph 5 of the accompanying statement of claim.
(b) An order for perpetual injunction to restrain 1st and 3rd Defendants, their agents, assigns, privies, workmen, labourers or any persons lawfully claiming through 1st and 3rd Defendants from having anything to do with the said land, more particularly entering thereto with the purpose of developing or alienating same or doing any act or acts detrimental to the right and interest of Plaintiff in the said land.
(c) General damages for trespass.
2. Plaintiff claims against 1st and 2nd Defendants:
(a) A declaration that the plotting of a Vesting Assent (made on the 24th day of February
2005 in the records of the Lands Commission (2nd Defendant) as No. V 4018 and registered as No. Ar. 3036/2005 made in favour of NENE KWAKU DARPOH and OTHERS is wrongful, null and void and of no legal effect whatsoever.
(b) An order directed at the 2nd Defendant to expunge the registration of the said Vesting Assent from its records.
3. Plaintiff claims against the Defendants for:
(a) A declaration that a lease Agreement executed by Numo Awuley Kwao, the 3rd Defendant herein dated the 10th day of October 2004 plotted in the records of the Lands Commission (2nd Defendant) as No. V 5380 and registered as No. AR 7898/2005 is wrongful, null and void and of no legal effect whatsoever.
(b) An order directed at the Lands Commission (2nd Defendant) to expunge the said plotting and registration of the lease Agreement described above from its records.
All the three Defendants entered appearance to the Writ through separate legal representations. While the 1st and 3rd Defendants defended the actions against them, the 2nd Defendant (the Lands Commission), in its usual way of handling such legal suits against it, failed to defend the action. The trial High Co