MISS OLIVIA ANIM v. WILLIAM DZANDZI
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, J.A. (PRESIDING)
- ACQUAYE, J.A.
- DZAMEFE, J.A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a land dispute where the plaintiff, represented by her mother, claimed a parcel of land in Accra, which the defendant also claimed. The trial court dismissed the plaintiff's case based on validity and timing of documents, but the appellate court reversed the decision. They found the plaintiff entered the land earlier and upheld her documentary evidence while dismissing the defendant's. The plaintiff was declared the rightful owner, the defendant was enjoined from the land, and damages were awarded for trespass.
ACQUAYE, J. A.
The plaintiff, acting through her mother and lawful attorney issued a writ of summons claiming against the defendant a declaration of title to a parcel of land situate at Ashalley Botwe in Accra, perpetual injunction, recovery of possession, damages for trespass and an order to demolish a structure constructed by the defendant on the land in dispute.
The plaintiff’s case was that she acquired a lease and took possession of the described land in 1988 from the Ashalley Botwe Family.
The plaintiff asserted that her mother who is her attorney bought an adjoining land which she has developed.
The plaintiff pleaded that preparation of her indenture was delayed until 16th December 2009 and in 2000 she constructed a fence wall and a water reservoir on the land.
The plaintiff complained that the defendant entered the fenced land in October 2010 and begun digging trenches for the foundation of a building.
Despite the protestations of the plaintiff the defendant developed the land to lintel level within 6 days and would not stop hence her claims. The defendant denied the claims of the plaintiff and averred that the disputed plot forms part of a large tract of land owned by the Numo Nmashie Family of Teshie.
The family leased the disputed plot to Beatrice M. Ogah and 4 others on 1st July 2006 the documents of which were registered.
On 15th August 2010 the plot was assigned to him and he proceeded to build thereon.
The defendant pleaded that on 5th May 2004 the Supreme Court gave judgment in a case entitled Adjetey Agbosu and 5 others declaring Okpelor Sowa Din Family of Teshie owners of the land.
The defendant stated that the Teshie families have various judgments in their favour so the Ebenezer Nikoi Kotey and the Ashalley Botwe families do not have any interest in the disputed lands and they are estopped from litigating over those lands which they cannot grant to the plaintiff.
The defendant contended that the plaintiff’s claims are frivolous, vexatious and totally unmaintainable and must be dismissed.
The plaintiff replied that at the time she leased the land she was not aware of any litigation between her grantors and others and as those judgments did not exist at the time she bought the land she was not bound by them.
She also claimed that she was an innocent purchaser for value without notice.
After hearing the evidence of the parties the trial judge found that the receipt Exhibit B and an indenture Exhibit C bore the name Madam Mens