MARIVILLE HOMES LIMITED v. MR SIMON DORNOO & ANOTHER
January 27, 2022
COURT OF APPEAL
GHANA
CORAM
- OFOE, J. A (PRESIDING)
- M. WOOD (MRS), J.A
- N. ARYENE (MRS), J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
January 27, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice Merley A. Wood authored the Court of Appeal’s opinion in a land-related dispute within Mariville Homes. The Accra-based Plaintiffs bought a plot from Mariville Estate in 1999 for US$10,000 but were not given receipts or conveyancing documents, later obtaining a conveyance from the Numo Adjei Kwanko II family after a public notice declared the Abscona grant to the Defendant invalid. Amid alleged threats of re-entry and attempts to resell, Plaintiffs discovered that Nathaniel Otoo was developing the same walled plot and that their deposited building materials had been destroyed. The High Court granted Plaintiffs’ application to join Otoo to avoid multiplicity. On appeal, the Court struck out the weight-of-evidence ground because no evidence had been led and upheld joinder under Order 4 Rule 5 (CI 47), finding Otoo a necessary party and concluding the trial judge’s discretion was properly exercised. The appeal was dismissed, with Justices V.D. Ofoe and Novisi Aryene concurring.
M. WOOD (MRS), JA
The Plaintiffs/Respondents hereinafter referred to as Plaintiffs or Respondents instituted an action against the Defendant/Appellant hereinafter referred to as Defendant or Appellant by the filing of a Writ of Summons and Statement of Claim on 27th June, 2019 at the High Court. The facts of the case are that the Plaintiffs are residents of Accra while the Defendant is a Real Estate Company. In the year 1999, the Plaintiffs purchased land from the Defendant for the amount of Ten Thousand United States Dollars ($10,000.00). The Defendant refused or failed to issue them with a receipt and documents covering the land. On 24th September 2013, a Public Notice was put on the walls of the occupiers of Mariville Homes informing them to attorn tenancy to Numo Adjei Kwanko II because the original grant by Abscona Construction Limited to the Defendant had been declared by Court to be wrong and invalid. Since the Defendant failed to protect the interest of the Plaintiffs and occupants or lessees within the Mariville Homes, they approached the said family and upon payment of the necessary fees, were subsequently issued with a Deed of Conveyance. According to the Plaintiffs, no Deed of Conveyance has been executed between the parties spelling out stipulations, covenants, terms and conditions. In spite of this fact, the Chief Executive of the Defendant Company has been threatening them and other occupiers to exercise her right of re-entry on the land since same has not been developed within five years from the date of the original grant. The Plaintiffs therefore caused a letter to be written by their lawyer to desist from same but this had emboldened the Defendant who has been bringing potential purchasers onto the vacant walled plot with the aim of selling same to third parties. The Plaintiffs are aware that there is an Order dated 7th February 2012 restraining the Defendant from re-possessing the plots of the Mariville Homes Limited Association to which they are members as well as levying fees without recourse to the Law Courts. They claim the following reliefs:
a. Declaration of title to all that piece or parcel of land situate at East Airport or Spintex covering an approximate area of 0.34 acres or 0.14 hectares within Mariville Homes sold to the Plaintiffs by the Defendant.
b. An order upon the Defendant to issue receipts and execute a Deed of Conveyance in Plaintiffs favour.
c. Perpetual Injunction restraining the Defendant and its agents, assi