MRS AGNES AHADZI & ANOTHER v. BOYE SOWAH & OTHERS

JUDGMENT

PWAMANG, JSC:-

This is an appeal against the judgment of the Court of Appeal dated 4th June, 2015 wherein the Court of Appeal reversed the judgment of the High Court dated 4th July, 2011which went in favour of the plaintiffs/respondents/appellants. In this judgment we shall refer to the parties by their descriptions as in the trial court.

BACKGROUND OF THE CASE.

The case was commenced in 2000 and concerns a parcel of land at Okpoi-Gonno in Accra. In the course of the litigation 1st defendant died and was substituted and 2nd defendant too died but he was not substituted. 3rd defendant was originally not a party to the suit but he applied and was joined. The plaintiffs’ claim to the land in dispute was based on purchase form Bortei Alabi family of Nungua who acquired it by customary grant from the Nungua Stool, had it documented in 1991 and registered under the Land Title Registration Act, 1986 (PNDCL 152) with Land Certificate No GA 9043 dated 16th March 1994. Upon the transfer of the land 2nd plaintiff was issued a Land Certificate No GA 13523 dated 22/3/1999. In their statements of defence the defendants contended that the land claimed by plaintiffs fell within land of Kle Musum Quarter/Tsie We Family of Teshie so they counter claimed for declaration of title. The 1st and 2nd defendants were sued because, according to the plaintiffs, they sold part of their land to persons who started to build on it and 3rd defendant was joined to the suit for the reason that he alleged to be the head of Tsie We family. However, this alleged capacity of 3rd defendant was vigorously challenged by the 1st and 2nd defendants who were members of that family.

The substantive issues set down for trial in the High Court were;

i) Whether or not the plaintiffs are bona fide grantees of the land by virtue of Land Certificates Nos. GA 9043 and GA 13523,

ii) Whether or not the land in dispute forms part of Kle Musum Quarter land at Teshie,

iii) Whether or not 3rd defendant’s title has priority over plaintiffs and their grantor , and

iv) Whether or not the plaintiffs’ registration is fraudulent.

A director of 2nd plaintiff gave evidence on behalf of the plaintiffs, tendered their land certificates and called two witnesses who testified in support of their case. The substitute for 1st defendant testified and relied on a number of documents and judgments tendered in evidence but did not call any witness. 3rd defendant gave a power of attorney to one Samuel Nii Adjei D