MICHAEL ODAI LOMOTEY & ANOTHER v. KOW RICHARDSON & OTHERS
2019
COURT OF APPEAL
GHANA
CORAM
- V.D. OFOE J.A (PRESIDING)
- B.F. ACKAH-YENSU J.A
- I. O. TANKO AMADU J.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal overturned the High Courts decision, ruling the Plaintiffs had sufficient grounds to enforce title to the disputed land. The Court of Appeal found the Defendants' key document (MOU) inadmissible for lack of proper stamping, and the Co-Defendant lacked capacity to adequately represent the family in court. The court also emphasized the necessity for proper land identification and adherence to legal requirements in property transactions. These errors in the lower courts legal and factual assessments warranted reversing the judgment in favor of the Plaintiffs.
JUDGMENT
TANKO AMADU J.A
(1) This appeal is from the judgment of the High Court Accra, dated the 12th day of June, 2008.
(2) At the Trial High Court, the Plaintiffs/Appellants (hereinafter referred to as ‘Appellants’) as Administrators of the Estate of their father JOHN BORTEI MAKPOI alias LOMOTEY MAKPOI (deceased) commenced this action by writ against the Defendants/ Respondents (hereinafter referred to us the ‘Respondents’) and sought the following reliefs:-
“1)Declaration of title to all that piece or parcel of land described in
the schedule to the statement of claim.
Recovery of possession.
Perpetual injunction restraining the 1st and 2nd Defendants their
agents, assigns from interfering with the Plaintiff quiet enjoyment
General damages.
An Order directed at the 3rd Defendant to plot and register the
interest and title of the Plaintiffs”.
The Co-Defendant/Respondent (hereinafter referred to us the Co-Respondent joined the suit upon his own application for joinder.
(3) The Appellants described the land the subject matter of the suit in the schedule to the Statement of claim as follows:-
“All that piece and parcel of land lying and being at Nungua-Accra bounded on the North by property of Abli Adama measuring 1000 feet more or less on the East by Stool land measuring 620 feet more or less on the South by the Accra Tema Motorway measuring 1000 feet more or less and on the West by Stool land measuring 640 feet more or less comprising an approximate area of 14.46 acres.’’
(4) In their Statement of Claim, the Appellants traced their root of title to the grant made by the Nungua Manste Nii Odai Ayiku IV on the 17th of February 1962 to their deceased father and family. The land was subsequently registered with the Lands Commission as No/2447/1999. The Appellants claimed uninterrupted possession of the land and averred that they received compensation in 1976 from the Government of Ghana during the construction of the Accra-Tema Motorway. The Appellants accuse the 3rd Respondent of bad faith in serving them notice dated the 19th and 20th December 1996 on the need to amend their site plans since the land fell within an area zoned as open space. The Appellants responded following which the total area of their land was reduced by omitting the said ‘open space’. It was the case of the Appellants that the 3rd Respondent without notice to them started registering interests which included that of the 1st and 2nd Respondents covering the area