MFUM FARMS AND FEEDMILL LTD v. MADAM AGNES GYAMFUA
2018
SUPREME COURT
GHANA
CORAM
- ADINYIRA (MRS), JSC (PRESIDING)
- DOTSE, JSC
- YEBOAH, JSC
- BAFFOE-BONNIE, JSC
- APPAU, JSC
Areas of Law
- Property and Real Estate Law
- Evidence Law
2018
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff claimed title and damages for trespass against the Defendant for land in TUC Estate, Kumasi. The trial court ruled in favor of the Plaintiff, a decision affirmed by the Court of Appeal. Upon further appeal, the Supreme Court found in favor of the Defendant, highlighting discrepancies in the Plaintiff's documentation, and the Defendant's prolonged and uncontested occupation of the land. Several legal principles were established including the nature of appeals as re-hearings and the requirement for proof by a preponderance of probabilities.
JUDGMENT
DOTSE, JSC:- This is an appeal by the Defendant/Appellant/Appellant, hereafter referred to as Defendant, (who was by order of this court, substituted in place of the original Defendant-now Deceased) against the judgment of the Court of Appeal, Kumasi, dated the 16th day of April, 2015. The said Court of Appeal judgment affirmed the trial High Court decision of 10th May 2006 which granted the reliefs claimed by the Plaintiff/Respondent/Respondent hereafter Plaintiff against the Defendant.
RELIEFS CLAIMED BY PLAINTIFF IN THE HIGH COURT AGAINST DEFENDANT
In the trial High Court, the Plaintiff claimed the following reliefs against the Defendant:-
1. A declaration of title and recovery of possession of all that piece or parcel of land known as plot No. 17, TUC Estate Adiembra, Kumasi.
2. Damages for trespass
3. Perpetual injunction against the Defendant, her servants, agents and assigns from interfering with the said land.
BRIEF FACTS
The Plaintiff contended that Plot No. 17, TUC, Adiembra, Kumasi was leased to it on 15th October 1992 by the Workers Housing Society for 50 years with effect from 1st April 1971. They further contended that the said lease was registered at the Land Registry on 11th March 1993 under Land Title No. 15298 and Serial No 168/93. The anchor of the Plaintiffs case at the trial High Court had been the said Land Title document which they tendered as Exhibit A. it is this Exhibit A, which the two lower courts accepted and relied upon despite the many issues raised about it’s authenticity and reliability.
It was the case of the Plaintiff that the Defendant had trespassed on the said land by depositing cement blocks and other acts preparatory towards development of part of the land and had refused to vacate and or quit, despite repeated demands and mediation attempts which failed.
The Defendant on the other hand, whilst denying the averments of the Plaintiff, asseverated that, she was on the 21st day of August 1971 allocated Plot No. 17B under the Ghana Trade Union Congress Housing Estate outright and Hire Purchase Scheme per Depositor’s Pass Book Account No. HP/CK on 21st August 2011. She further contended that there were other allocations of Plot Nos. 17A, 17C and 17D to other persons and that all of these persons including herself had performed overt acts of ownership on the lands without let or hindrance from anyone whatsoever. The Defendant finally pleaded the statute of limitation and argued that the Plaintiff is b