MART OPOKU v. ALEX KLU YAO
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL- SAU, JA (PRESIDING)
- KORBIEH, JA
- TORKORNOO, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court initially ruled in favor of the respondent, declaring them the owner of a disputed land. Unsatisfied with the decision, the appellant appealed, arguing the evidence and grantor's title were not properly assessed. Upon review, the appellate court found that the appellant's title was better since it was properly registered, unlike the respondent's. The appellate court reversed the High Court's decision, awarding the title to the appellant and ordering the cancellation of the respondent's grantor's land certificate.
J U D G M E N T
MARFUL-SAU, JA: - This appeal is from the judgment of the High Court, Land Division, Accra. In the said judgment which is dated the 19th May 2009 the plaintiff/ respondent herein was declared the owner of the land the subject matter of this action. The defendant/appellant being dissatisfied with the said judgment has appealed to this court praying that the judgment be reversed. In this appeal the defendant will be referred to as the appellant while the plaintiff will be referred to as the respondent. In the notice of appeal the appellant formulated only one ground which is the omnibus ground that the judgment was against the weight of evidence adduced at the trial. The appellant in his written submission seems to indicate that additional grounds were filed and same argued. From the written submission the additional grounds were:-
a. That the learned trial judge erred in not finding out which of the grantors of the plaintiff and defendant was the owner of the land and a rightful person to make a valid grant of the land to any of the parties.
b. The learned trial judge erred in not considering the searches exhibited by the parties in the suit to find out which of the parties could be a prudent purchaser.
c. The learned trial judge erred in not finding that the plaintiff’s grantor’s land certificate was obtained by mistake and same ought to be set aside or cancelled.
Before I proceed further, it is important to state that the respondent in this appeal failed to file a written submission in response to that filed by the appellant, so this judgment has been settled without any input from the respondent. The record of this appeal indicates that on the 17th December 2014, this court coram:-Mariama Owusu, JA, Acquaye, JA and Torkornoo JA, granted an application for substituted service of the appellant’s written submission on the respondent. On the 31st of March 2015 this court observed that the written submission of the appellant was served by substitution on the 9th of January 2015, as per the affidavit of posting dated the 13th February 2015. As at 31st March 2015 when this appeal was last mentioned the respondent had not filed his written submission so the appeal was adjourned for judgment.
What are the facts of this case? The respondent’s case as revealed by the evidence on record is that he acquired the land in dispute from the Nii Ngleshie Addy Family of Accra. According to the evidence the respondent’s land is about ten plots. The resp