MADAM FLORENCE A. OKPEY v. ROSE AYELEY
2022
COURT OF APPEAL
GHANA
CORAM
- OFOE, J.A. (PRESIDING)
- MERLEY WOOD, J.A.
- BERNASKO ESSAH, J.A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Equity and Trusts
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Authored by Justice S. R. Bernasko Essah, this Court of Appeal decision arises from a land dispute between a niece (Plaintiff/Respondent) and her aunt, Rose Fofoe Okpey Okpey (Defendant/Appellant), over Plot 88, Block D at North West Teshie, Accra. The Plaintiff claimed a 1988 lease from Agbawe family head Nii Okpoti Boi and showed early possession by placing materials, allowing a kiosk, and erecting a wall. The Defendant asserted a 1974 gift later converted to a 99-year lease in 1983, pleaded laches, acquiescence and estoppel, and argued late stamping and non-registration defeated the Plaintiffs title. The trial court identified extensive erasures, inconsistent acreage and dates in the Defendants documents and credited the Plaintiffs possession, finding trespass when the Defendant broke the wall and built an uncompleted room. On appeal, the Court affirmed that late stamping carries only penalties and non-registration does not void a conveyance, upheld the Plaintiffs title and possession, dismissed the Defendants counterclaim, and dismissed the appeal in limine.
S. R. BERNASKO ESSAH (MRS.), J.A.
This is an appeal by the Defendant/Appellant against the decision of the High Court dated 30th October 2017.
The Grounds of Appeal are as follows:
i. The Judgment is against the weight of evidence before the Court
ii. The judge erred in law by holding that the disputed land belongs to the Plaintiff contrary to evidence before her, per the Plaintiffs’ attorney’s own evidence an admission.
iii. The judge erred in law by not holding that the Plaintiff was estopped by her conduct on the principle of Laches and acquiescence.
In this appeal the Defendant/Appellant shall be referred to as the Defendant, and the Plaintiff/Respondent as the Plaintiff.
On the 10th of April 2010, the Plaintiff herein, niece of the Defendant, issued a Writ of Summons accompanied with Statement of Claim endorsed with the following reliefs:
a. A declaration of title to a piece or parcel of land situate lying and being at North West Teshie, Accra and containing an approximate area of 0.34 acres and known as Plot No. 88, block D bounded on the North West by Plot No. 86 measuring 110 feet more or less, on the south east by plot No. 90 measuring 110 feet more or less, on the North East by proposed road measuring 140 feet more or less and on the south west by Plot no. 87 measuring 140 feet more or less
b. Recovery of possession
c. Damages for trespass
d. An order for the demolition of the uncompleted single room put up by the Defendant on the Plaintiff’s land
e. Perpetual injunction restraining the Defendant.
f. Costs
Her case on the pleadings is that she acquired the disputed land in 1988 from the acting head of the Agbawe family of Teshie, Nii Okpoti Boi. The transaction was reduced into writing. After purchase she immediately went into possession by depositing sand, stones and blocks on the land. Not only that, but she permitted a kiosk to be put on the land where the person carries on business. She also erected a wall around the land. She did all these when her land was vacant.
It was later that the Defendant trespassed onto the land by breaking the wall and constructing a single uncompleted room thereon. She reported the matter to the police.
The Defendant on her part claimed from the same grantor family, but said that she had her land as a Gift on 16th September 1974, and had been in possession since. On 10th July 1983, this gift by Nii Adjei Obadjen II, Shikitele and head of Agbawe quarter of Teshie, Accra was converted into a 99-year-