2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Hafisata Amaleboba (JA), dismissed the appeal by the 3rd Defendant arising from a land dispute at Kitase/Peduase. The Plaintiff had acquired the parcel in 2002 from Nana Korkor Ntim II, the Queen Mother of Kitase, asserting Asona Royal Family ownership, and documented his grant by indenture (LV/ER 2463/2015; RE 1277/2015), building and fencing the land. The 3rd Defendant claimed the land was Kitase stool land, said she acquired from Kwabena Fosu (purportedly via Nana Twum Ankrah II) and later regularized with Nana Kwasi Ankrah III, and raised adverse possession. The court affirmed the trial judge’s findings: the land was Asona family land; Exhibit 4 was invalid because it bore concurrence after Abusuapanyin Kofi Sakyi’s death, and Exhibit 3 was executed by a person without authority while the rightful family head was in office. Although the Plaintiff’s site plan was unapproved under L.I. 1444 and disregarded, the indenture and testimony sufficiently identified the land. The 3rd Defendant failed to prove twelve years of open, unchallenged possession; laches and acquiescence also failed. The judgment for the Plaintiff was upheld.
AMALEBOBA (MRS) J. A.
INTRODUCTION
This is an Appeal from the decision of the Circuit Court, Akropong, Akuapem dated 19th November 2019. The Circuit Court per its Judgment entered Judgment for the Plaintiff on all reliefs sought against Defendants.
Being aggrieved by the decision of the Circuit Court, the 3rd Defendant /Appellant, filed the instant Appeal.
In this Judgment, the parties will be known by their designations in the Court below.
The Appellant will be referred to as 3rd Defendant and the Respondent referred to as Plaintiff.
The other Defendants are not parties to this Appeal.
BACKGROUND By his Writ of Summons filed in the Circuit Court, the Plaintiff claimed against Defendants, orders for a declaration of title to the land in dispute situate at Kitase, recovery of possession, damages for trespass and perpetual injunction.
The Plaintiff’s case in the Court below in summary was that on or about 7th April 2002, he acquired a piece or parcel of land measuring 0. 36 hectare or 0. 88 acres, at Peduase in the Akwapim South District in the Eastern Region, from Nana Korkor Ntim II, Queen mother of Kitase in the Eastern Region.
According to the Plaintiff, on 17th July 1995, the said Nana Korkor Ntim II, his grantor acquired the said land through a gift of a parcel of land measuring 6. 75 acres, from one Abusuapanyin Kofi Sakyi, the Head and Lawful representative of the Asona family of Kitase.
The Plaintiff asserted that his grantor’s ownership of the land was confirmed by a Judgment granted in her favour in the case of Dr. Isaac Kwasi Nuamah and Mrs. Linda Nuamah vrs. Glanda Mills and Nana Korkor Ntim II – Suit No. 104/2002. The Plaintiff averred that his indenture was stamped as LV/ER 2463/2015 and plotted as RE 1277/2015. The Plaintiff contended that he was in quiet possession of the said land and constructed a building and fence on the land, until the Defendants entered his land threated his workers and had them arrested on one occasion.
He averred that the Defendants having entered the land, they have made it difficult for him to enjoy quite possession, hence the action commenced against them.
The 1st and 2nd Defendant never contested the Plaintiff’s claim in the Court below.
The 3rd Defendant who applied and was joined to the suit stated that the 2nd Defendant is a family friend who was acting on her behalf, at a time she was out of the country.
For this reason, the 2nd Defendant filed no processes in the suit.
The 1st Defendant who in