MORGAN KWAME OPOKU v. AKOSUA OSAA
2019
COURT OF APPEAL
GHANA
CORAM
- HONYENUGA, J.A. (PRESIDING)
- SOWAH, J.A.
- GAISIE, J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Equity and Trusts
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Morgan Kwame Opoku sought declaration of title, possession, damages, and an injunction over land at Onyinase opposite Odogono Senior High School, relying on a 2005 assignment from Dauda Larbi whose 1977 lease originated from the Gbawe Kwatei family. Akosua Osaa had occupied the land since 1986, initially purchasing from the Charbukwei family in 1984 and regularizing her interest with the Gbawe Kwatei family in 2004, later registering in 2010. The High Court ruled for Osaa, applying the Land Development (Protection of Purchasers) Act, 1960 (Act 2). On appeal, Sowah J.A. held the 2004 conveyance void under nemo dat because the family had already divested title in 1977. Nonetheless, Osaa was deemed a bona fide purchaser given long, undisturbed occupation and public notice, while Opoku had constructive notice from visible structures and other claimants. The Court found Act 2 misapplied but affirmed judgment for Osaa on laches and acquiescence, estopping Opoku due to his grantor’s prolonged inaction.
JUDGMENT
SOWAH, J.A.:
Introduction
The Plaintiff/Appellant commenced an action at the High Court, Accra for a declaration of title to a piece or parcel of land at Onyinase opposite the Odogono Senior High School, recovery of possession, damages and perpetual injunction. The suit was originally commenced by the plaintiff/appellant against just the 1st Defendant/Respondent. However subsequently, one Augustina Akyea was joined as second defendant. However, after the trial court dismissed her counterclaim and decided in favour of the 1st defendant/respondent, the second defendant did not join the appeal. Hereafter the plaintiff/appellant and the 1st defendant/respondent will be referred to respectively as ‘the appellant’ and ‘the respondent’.
Background Facts
The Appellant, Morgan Kwame Opoku acquired a piece of land in 2005 through an assignment made to him by one Dauda Larbi (herein after called the Grantor). An indenture exhibit C, indicates that the grantor’s interest in the land which was a 99 year lease from the Gbawe Kwatei family was assigned to the appellant on the 8th of March, 2005. According to the appellant, he quickly went into possession of the land by depositing building materials on the land and then left for Europe. The appellant averred that he later went ahead and registered his interest in the land and was accordingly issued a certificate No. GA 30572 by the Land Title Registry on 8th September, 2009. This was tendered as exhibit D. According to the appellant, when he went on to the land to develop it, a woman came and claimed ownership; he therefore confronted the grantor who encouraged him (the appellant) to investigate the ownership of the land. The appellant went ahead to conduct a Search at the Lands Commission. The results of that Search which was tendered as exhibit E indicated that the land was owned by the Gbawe Kwatei family after a judgement was made in their favour. The family leased a portion of land to Dauda L. Laryea on 10th July 1977. The result further indicated an assignment dated 8th March 2005 between Dauda L. Laryea (grantor) and Morgan Kwame Opoku (assignee). In the light of this the appellant commenced the action against the respondent.
At trial, the appellant’s witness [PW1] was his grantor Dauda Larbie Laryea who gave evidence to the effect that he acquired a lease interest in the land in 1977 from the Kwartei Quartey family and assigned his interest to the appellant in 2005 with the consent of the family.