MAJORIE ATSOI CODJOE v. SAMUEL OKPOTI SOWAH
2022
SUPREME COURT
GHANA
CORAM
- YEBOAH CJ (PRESIDING)
- PWAMANG JSC
- OWUSU (MS.) JSC
- HONYENUGA JSC
- AMADU JSC
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Administrative Law
- Tort Law
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court appeal arose from a land dispute in La, Accra. The appellant, an indigene of Nmati Abonase Quarter, claimed the plot was gifted to her in 1954 by Shikitele Nii Okpoti Onten II, later documented by successor Nii Boi Osekere III and registered, culminating in a 1988 Land Title Certificate issued by the Land Title Registry. The respondent claimed through a 1956 grant to John Philip Odoi and subsequent vesting to Elizabeth Aryeley Nanka-Bruce, asserting long possession. Evidence from the Land Registration Division showed a parcel plan had already been prepared for the appellant, preventing duplicate issuance. Applying customary law principles and precedents, the Court held prior customary grants prevail and that fraud must be proved beyond reasonable doubt. The limitation argument failed. The Supreme Court allowed the appeal, set aside the Court of Appeal’s decision, and restored the High Court’s judgment.
OWUSU (MS.) JSC:-
On 13th December, 2018, the Court of Appeal, Accra, allowed the Defendant/appellant’s appeal and granted his counterclaim. The Court held among other things that:
“The plaintiff is further estopped by her own statement and conduct in accordance with section 26 of the Evidence Act. Both sections 25 and 26 of the Evidence Act are conclusive presumptions and the plaintiff cannot resile from her own description of her land in Exhibit ‘A’.
The Defendant’s counterclaim is granted. We accordingly order for the recall and cancellation of the Land Title Certificate granted to the Plaintiff on 2nd May, 1988 with registration number 22B/1/26/1 contained in Volume 11 Folio 167 granted to the Plaintiff on grounds of fraud by the Lands Commission. We further order the Lands Commission to register the said land in favour of the Defendant.
We further set aside the award of damages as the record shows that the Defendant has not trespass unto Plaintiff’s land. We set aside the judgment of the trial High Court dated 18th November, 2015 and further dismiss all the reliefs endorsed on the Plaintiff’s writ of summons”.
Dissatisfied with the decision of the Court of Appeal, the plaintiff/Respondent/Appellant mounted this appeal on the following grounds:
1.The judgment of the Court of Appeal is against the weight of evidence.
2.The Court of Appeal erred in law when it set aside the trial judge’s finding of fact that the plaintiff acquired the disputed plot in 1954 by customary gift.
PARTICULARS OF ERROR:
a.The Court of Appeal failed to apply binding authorities in cases such as
i.DOVIE & DOVIE v ADABUNU [2005-2006] SCGLR 905;
ii.BROWN v QUASHIGAH [2003-2004] SCGLR 930;
iii.HAMMOND v ODOI & ANO. [1982-83] 2 GLR 1215
3.The Court of Appeal erred in law when it held that the site plan secured by the plaintiff in 1988 to obtain the Land Title Certificate was secured by fraud.
PARTICULARS OF ERROR OF LAW:
The finding by the Court of Appeal that the 1988 site plan was fraudulently secured by the plaintiff to obtain the Land Title Certificate is not supported by the evidence on record.
The reliefs sought from the Supreme Court are:
1.An order setting aside the judgment of the Court of Appeal
2.An order restoring the Judgment of the trial High Court.
Before dealing with the arguments canvassed in support and against this appeal, we will give a brief background of this case.
The plaintiff/respondent/appellant who would be referred to as plaintiff