MARGARET KESSIWA AKYIREM v. DAVIS BORTIEH & MRS ESTHER ARTHUR
2016
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued for declaration of title to a parcel of land in Accra and other related reliefs. The court found significant discrepancies and inconsistencies in the plaintiff's claims and evidence, particularly concerning the validity of the Deed of Conveyance and the representation from the Nungua Stool, leading to the conclusion that the document was forged and invalid. Both the plaintiff and the second defendant's titles stemmed from an original invalid conveyance made by the Nungua Stool to the three brothers, in violation of the 1992 Constitution prohibiting the creation of freehold interests in stool lands. As a result, the court ruled that the initial grant to the brothers and any subsequent transactions were void and ordered the land to revert to the Nungua Stool. The plaintiff was awarded a refund of the amount paid for the now-invalidated land transaction.
JUDGMENT
On 29th October 2008, the plaintiff caused her lawyer Yaw Asare Darko to issue a writ against the defendants for the following reliefs:
a. Declaration of title to all that piece and parcel of land situate at Baatsonaa, Accra and described as land containing an approximate area of 0.32 acres and bounded on the East by lessor’s land measuring 100 ft. more or less, on the West by lessor’s land measuring 100 ft. more or less, on the North by proposed road measuring 140 ft. more or less and on the South by lessor’s land measuring 140 ft. more or less.
b. An order for recovery of possession of the disputed parcel of land.
c. Damages for trespass.
d. Perpetual injunction
e. Any other equitable or other relief as shall be deemed fit and just.
In her 12-paragraphed statement of claim, the plaintiff describes herself as a retired banker and the beneficial owner entitled to the land in dispute. She claimed to have acquired the land under a Deed of Conveyance dated 20th December, 2000 from Numo Borketey Laweh (Gborbu Wulomo) and Nii Bortrabi Obroni II (Mankralo and acting Nungua Mantse) for and on behalf of the Nungua Stool, for a term of 99 years commencing from the 9th day of December, 2000. Plaintiff was introduced to her grantors by the first defendant who acted as a witness at all material times, for which reason he was privy to the whole transaction between the plaintiff and the grantors. After the lease, plaintiff presented for registration at the Lands Commission, her documents. Plaintiff took possession of the land by clearing it in preparation of her developmental projects, before the defendants trespassed on it and started laying adverse claim. Defendants have since developed the land at a meteoric pace. It is plaintiff’s case that the defendants have no title and are therefore estopped from denying her title to the disputed land.
In her reply to the defendants’ statement of defence, plaintiff explained that she purchased her land through her agent, Paapa who dealt with the first defendant on her behalf. The first defendant on his part denied ever meeting the plaintiff. He conceded that Paapa purchased five (5) plots; three for Mr. Adu Asare and Mrs. Addai and two for a person whose identity he did not know. He however suspected the unknown purchaser to be the plaintiff. He contended that Paapa later returned to collect the money paid on behalf of the plaintiff. He alleged that the plaintiff had expressed her disinterest in the land due to