MICHAEL MARTEY CAULLEY v. MICHAEL MARTEY CAULLEY
2017
COURT OF APPEAL
GHANA
CORAM
- P. K. GYAESAYOR, JA
- M. WELBOURNE, JA (MRS.)
- H. KWOFIE, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2017
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal (per P. K. Gyaesayor, JA) reviewed a land ownership dispute arising from the High Court, Accras 17 October 2014 judgment for the plaintiff/respondent. The plaintiff said he obtained a customary grant of about 50.50 acres from the Prampram Traditional Council through Nene Anor Kwei II in 1977 (Exhibit A), later varied by Mankralo Nene Atsure Benta III in 2001 (Exhibit B) to enable residential development under Lalue View Estate Limited. He paid ground rent and, amid earlier interlocutory rulings in Tema, attorned tenancy to S.B. Azina Nartey and the Adoteywem family. The defendant/appellant maintained the land belonged to his late father, Teye Nartey, who had granted the plaintiff only two plots for poultry, and offered boundary and possession evidence. Applying the Jackson Report and prior authority, the Court held Prampram lands are family lands and stools have no proprietary interest, rendering the stool grant and variation void; the attornment agreement was a nullity. Finding the plaintiff failed to identify boundaries and the trial judge had departed from pleadings, the Court set aside the High Courts decision and allowed the defendants counterclaim.
JUDGMENT
GYAESAYOR, JA
This is an appeal against the decision of the High Court, Accra dated 17th day of October 2014.
Plaintiff respondent’s case found at page 61 of the record of appeal is that he acquired the land from Prampram Traditional Council under the leadership of Nene Anor Kwei II, paramount chief of Prampram Traditional Area.
He supported the grant with an indenture dated 1st November 1977 marked exhibit “A”. His evidence is that he released portions of the land to people for development. He started a poultry business on the land until about 1982-1983 when as a result of drought the poultry business collapsed. He therefore travelled abroad and on his return he found that the whole area was being developed into estate houses. He therefore sought a variation of the land use from farming to residential and started an estate project in the name of Lalue View Estate limited. The deed of variation is marked exhibit B and was executed between himself and Nene Atsure Benta III Amanklado of Prampram in 2001. He has since paid ground rents which was in arrears for a period of eighteen years.
According to the plaintiff/respondent in or about October 2010 defendant/appellant started selling the land to others. In 2008, plaintiff/respondent claims, the defendant/appellant took him to court in Tema where two rulings were delivered against him. These rulings which were tendered as exhibit “D &D1” as a matter of fact dealt with interlocutory matters in respect of the suit. They did not determine the case on the merit on the evidence.
It is his case that after these rulings he went to the S.B Azina Nartey and the elders of the Adoteywem family whereby he attorned tenancy to them. Subsequently he gave out 51 plots to the Azina Nartey family.
This agreement in which he attorned tenancy to the Azina Nartey family to which the defendant/appellant belongs was signed in 2009. He issued this writ when the defendant/appellant continued to sell portions of the land to others claiming the following reliefs:
a. A declaration that Plaintiff is the rightful owner of all that piece and parcel of land situate lying and being at along Dawenya Prampram Motor Road at mile 26 and bounded on the North East by Prampram Stool land measuring a total distance of 2,000 feet more or less on the South-east by Prampram Stool measuring Prampram Road measuring a total distance of 2,000 feet more or less and covering an approximate area of 50.50 acres more or less.
b. A perpetual in