Mount Olivet School – Kumasi v. Kwaku Bosompra and Yaw Ntrakwa Ofori
2016
COURT OF APPEAL
GHANA
CORAM
- Ayebi, J.A. (Presiding)
- Torkornoo (Mrs.), J.A.
- Domakyaareh (Mrs.), J.A.
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this Ghana Court of Appeal interlocutory appeal, Justice Gertrude Torkornoo addressed whether a stamped but unregistered lease tendered by the Defendant could be excluded solely for lack of registration. Plaintiffs had sued over land at Ahodwo, Kumasi (Plot 19 Block Q), claiming it formed part of the estate of Kwasi Ofori, and sought possession, damages for trespass, and injunction; the Defendant denied trespass and counterclaimed for title and related reliefs. After Plaintiffs closed, the Defendant sought to tender its lease; the trial judge rejected it as inadmissible for non‑registration. Applying Evidence Act section 51, Act 122 section 24, and Stamp Duty Act section 32, the Court held that registration goes to effect and priority, not admissibility; stamping is the precondition for admission, and even insufficient stamping can be remedied. Citing Supreme Court and other authorities on relevance, the Court found the exclusion erroneous and allowed the appeal, reversing the rejection of the lease.
TORKORNOO (MRS), J. A. The contention in this interlocutory appeal is whether the learned trial judge erred when he ruled that an unregistered document is inadmissible on account of the failure to register it before seeking to tender it in evidence.
The Plaintiffs/Respondents had commenced an action against the Defendant Appellant for: a. Declaration that title to all that piece and parcel of land situate at Ahodwo, Kumasi on Kuku-Ahodwo Stool Lands and described as Plot 19 Block Q, Ahodwo, Kumasi, Nhyiaso Stool forms part of the estate of Kwasi Ofori.
b. An order for recovery of possession of the portion of the Plot 19 Block Q, Ahodwo, Kumasi onto which the Defendant has trespassed.
c. General damages for trespass.
d. Order of perpetual injunction restraining the Defendant herein, whether by itself or its agents, assigns, servant, workmen and all or any other persons claiming ownership, under own trust from it from in anyway interfering with or dealing with the land.
In its defence, the Appellant denied trespassing on the land in issue and counterclaimed for: a. A declaration that title to all that piece and parcel of land situate at Ahodwo, Kumasi on Kuku Ahodwo Stool land and described as Plot 19 Block Q, Ahodwo, Kumasi is vested in the Defendant.
b. An order for the recovery of all portions of the said plot which may be in the possession, occupation and control of the Plaintiffs or persons claiming thought the estate of Kwasi Ntrakwa Ofori.
c. General damages for trespass.
d. Perpetual injunction in the usual form.
The trial commenced and the Plaintiffs’ case was closed after various testimonies.
On 21st January 2015, when the Appellant’s representative testified to open its defence, he sought to tender a lease document found on page 118 of the ROA.
The lease was stamped and not registered.
Respondent counsel raised an objection to the tendering of the unregistered document and the learned trial judge upheld the objection with these words found on page 128 of the ROA. “I have perused the document sought to be tendered and satisfied myself that it is indeed not registered in accordance with the Land Registry Act 1962. Since it is unregistered document it is inadmissible.
It is rejected and marked R. 1”. This ruling ignited the appeal on this sole ground‘The court erred when it held that the document being tendered (Lease)was inadmissible because it was not registered. ’The Appellant is praying for the ruling to be set aside.
Rule 8 (1) of