Mark William Hanson v. Lukman Salifu

SOWAH, J. A. :

Introduction This appeal is from a judgment delivered by the Circuit Court Weija, Accra on 26th November 2021. The judgment is at pages 143 – 151 of the record of appeal.

The defendant/appellant filed his Notice of Appeal on 9th December 2021 and is seeking that the judgment in favour of the plaintiff/respondent is set aside and in its place judgment entered for the defendant/appellant.

Hereafter in this judgment, the parties will retain their designations at the trial court Brief facts The dispute is in respect of a parcel of land which is at Kokrobite in the Ga South District, Greater Accra Region.

The parties each claim that the Nii Arde Nkpa family of Plerno (or Plarno) is their grantor.

The plaintiff alleges a lease in 2003 with a Land Certificate obtained in 2014 whilst the defendant alleges a lease in 1997 and registered at the Deeds Registry in 1998 and a pending registration at the Land Title Registry.

Plaintiffs case The plaintiffs’ suit was filed in October 2020 and sought a declaration of title to the parcel of land as described in paragraph 3 of the Statement of claim, Perpetual injunction, Recovery of possession and Cost. His case was that he entered and took possession of a bare land immediately he received his indenture in 2003 and started with the registration process.

He received the Land Title Certificate exhibit C in September 2014 after publication had been duly made in the Newspapers.

He asserted in his Reply to the statement of defence and evidence that it was in or about 2010 that he found upon his usual visit to the land that someone had erected a dwarf wall at two sides of the land.

He then erected a signpost indicating that the land was not for sale.

In 2014, whilst erecting a fence wall, it was demolished by unknown persons who left contact numbers for a meeting at the Municipal Assembly.

At the Ga South Municipal Assembly, the parties were advised to see the Kokrobite chief to resolve the problem.

They went in an attempt to resolve the dispute but they were advised to go to the Regional Surveyor for a composite plan to be drawn to ascertain their lands.

The plan showed the defendants land to be at a different location from the disputed area.

The plaintiff made allegations of fraud against the defendant and particularized them at paragraph 9 of his statement of claim.

Defendants case The defendants’ case is that he was granted a piece of land which was later evidenced by a Lease document dated 19th August 199