LEMUEL NII AMON KOTEI v. SAMUEL AMOAKO SAKA
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, J.A (PRESIDING)
- GYAESAYOR, J.A
- C. SOWAH, J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff, who had a 50-year lease on a piece of land from the Klanaa family, challenged a Circuit Court's decision favoring the defendant's later claim to the same land. The essential issues included the validity of both parties' claims, with the court ruling that the plaintiff's earlier grant took precedence. The appeal was allowed on grounds including improper application of the Administration of Lands Act and the equitable doctrine of estoppel.
JUDGMENT
GYAESAYOR, JA
The plaintiff/appellant through his lawful attorney is seeking the reversal of the judgment of the Circuit Court delivered against him on the 21st day of April 2005 by Justice A. Oppong a Justice of the High Court sitting as a Circuit Judge. Essentially therefore, the appeal emanates from the Circuit Court, Accra.
The endorsement in the writ clearly defines the reliefs sought by the plaintiff as:
1. Declaration that the conveyance dated 7th July, 2000, made between the defendant and Nii Kotey Amli III in respect of the land in dispute is null and void.
2. Declaration that by Conveyance made on 1st December 1997 between Nii Kotey Amli III acting in behalf of the Klanaa family of La, Accra conveyed the land in dispute to the plaintiff for a term of 50 years.
3. Declaration of title to all that piece or parcel of land covered by the conveyance made on 1st December, 1997 between the plaintiff and the Klanaa family acting per Nii Kotey Amli.
4. Damages for trespass.
5. Perpetual injunction restraining the defendant, his workmen agents and assigns from trespassing of the land in dispute.
In the statement of claim, the plaintiff appellant (hereinafter called plaintiff) averred that, the land the subject of the dispute was leased to him by the Klanaa family of LA of which he is a member as well as secretary for a term of 50 years on 1st day of December 1997.
In his attempt to register his documents at the Lands Commission it came to light that certain persons had been granted the land by the Nungua Stool and had erected fences around the land.
His Klanaa family therefore took action in the Circuit Court and had judgment over a large tract of land including the land in dispute. The judgment is found in suit No. CC67/89 also emanating from the Circuit Court. So far there is no evidence that an appeal had been lodged against the decision nor has it been reversed. It therefore stands as a valid existing judgment. Consequent to this judgment according to plaintiff, he prevailed upon the Lands Commission to lapse the names of these strangers from their books and this was done as confirmed by Mr. Riddley Henry Lutterodt the official from the Lands Commission who testified as PW2.
According to the plaintiff, he had presented his documents to the commission on or about 12th November 1999 for plotting but by a curious turn of events the defendants documents which were dated 7th July 2000 was rather registered. To show that he is in po