MR. KWAME DONKOR & ANOR vs MR. HERBERT ACQUAYE & ANOR
May 17, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH, JUSTICE OF THE HIGH COURT
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
May 17, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court, His Lordship K. A. Gyimah adjudicated a land dispute between Kwame Donkor and Kofi Asumadu Addo, and Herbert Acquaye, with the Land Registration Division of the Lands Commission named as 2nd defendant. Donkor and Asumadu traced their title to New England Estates Ltd. through a 14 December 2004 purchase agreement and assignments dated 21 March 2006, and claimed possession and development of their plots at North West Teshie. Acquaye initially bought from the Gbugbla Quarter, later obtained a purported deed of assignment dated 17 February 2014 from New England Estates, and registered a Land Title Certificate on 30 November 2015. The court credited testimony from New England Estates general manager (PW1) and Susan Anderson, now Susan Asiama Bekoe (PW2), establishing that New England Estates never granted land to Acquaye and that PW2 could not have witnessed a 2014 deed under her former name. Applying Evidence Act principles, equitable doctrines and nemo dat, the court held Acquayes deed forged, his certificate tainted by fraud, and ordered cancellation, declarations of title for the plaintiffs, injunctive relief, possession and costs.
Plaintiffs’ Case
By a writ of summons issued on 18th August 2016, the plaintiffs claimed the following reliefs against the defendants:
i. Declaration of title over all that piece and parcel of land situate, lying and being at North West Teshie, Accra and starting from SGGA 39o/93/10 on a bearing of 2830371 at a distance of 1642. 0 feet to C15A on a bearing of 2420021 at a distance of 94. 5 feet to C14A on a bearing of 3320101 at a distance of 88. 5 feet to C13A on a bearing of 062o501 at a distance of 64. 8 feet to C14 on a bearing of 107o541 at a distance of 42. 7 feet to C15 on a bearing of 1520181 at a distance of 56. 9 feet to C15A more or less and having an approximate area of 0. 18 acre or 0. 07 hectare in favour of the 1st plaintiff.
ii. Declaration of title over all that piece and parcel of land situate, lying and being at North West Teshie, Accra and starting from SGGA 39o/93/10 on a bearing of 2830371 at a distance of 1642. 0 feet to C15A on a bearing of 2420021 at a distance of 94. 5 feet to C14A on a bearing of 3320101 at a distance of 88. 5 feet to C13A on a bearing of 062o501 at a distance of 64. 8 feet to C14 on a bearing of 107o541 at a distance of 42. 7 feet to C15 on a bearing of 1520181 at a distance of 56. 9 feet to C15A more or less and having an approximate area of 0. 18 acre or 0. 07 hectare in favour of the 2nd plaintiff.
iii. An order directed at the 2nd defendant to cancel certificate number GA 48845 in favour of 1st defendant.
iv. An order directed at the 2nd defendant to issue Land Title Certificate in favour of the plaintiffs on their respective assignments from New England Estate Ltd.
v. Perpetual injunction restraining the defendants herein, its assigns, workers, officers, servants, agents or any person(s) claiming through them from entering, granting or developing or interfering in any manner the land in dispute.
vi. Recovery of possession.
vii. General damages.
viii. Cost.
It is the plaintiffs’ case that on 21st March 2006, they got their respective lands from New England Estates Ltd. after the 2nd plaintiff had on 14th December 2004 entered into a purchase agreement with New England Estates Ltd. The plaintiffs aver that their grantor New England Estates Ltd. also got its grant from the Lenshie Quarter of Teshie and duly registered their title with certificate number GA 13722. It is the plaintiffs’ case that they went into immediate possession of their various lands, constructed walls around the land and deposited