MRS. CHANTEL & 1 ORS v. ANDREWS KOI & 1 ORS
February 18, 2010
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. (PRESIDING)
- IRIS BROWN (MRS.), J.A.
- ADUAMAH OSEI, J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
February 18, 2010
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On appeal from the High Court in Accra, the Court of Appeal reviewed a land title dispute over a parcel at Adjiringanor. The plaintiffs, represented by Solomon Owusu Tabiri, relied on a 99-year lease allegedly granted by the Nungua Stool in July 2004 and claimed immediate possession before the first defendant demolished their structures. The first defendant traced title to an assignment from African-American Estate Developers, registering his deed (AR/1261/2003) and later assigning two plots to the co-defendant, who conducted Lands Commission searches and registered his interest (AR/3876/2005). The High Court had awarded title to the plaintiffs, but the appellate court held that the trial judge improperly relied on Brobbey J.S.C.'s Empire Builders decision to generalize Adjiringanor lands as Nungua and erred in declaring an entire Circuit Court judgment null. Applying principles distinguishing void and voidable judgments and the Evidence Act's standards of proof and burden-shifting, the Court found plaintiffs' evidence inconsistent and lacking boundary identification, while the defendants established a cogent chain of title and acts of possession. The appeal was allowed, the High Court judgment set aside, and judgment entered for the defendants and co-defendant on their counterclaim.
KUSI-APPIAH, J.A.: This appeal is from the decision of the High Court, Accra given on 27th February 2008 per K. A. Acquaye J. (as he then was) by which the learned Judge entered judgment for the plaintiffs/respondents (hereinafter called the plaintiffs) against the defendants and codefendant/ appellants (hereinafter called the defendants) and decreed title in the disputed land in the plaintiffs.
The case of the plaintiffs as gathered from their pleadings and evidence at the trial, given by Solomon Owusu Tabiri who represented the plaintiffs by a power of attorney was that, on or about 16th day of July 2004, they obtained a 99-year lease to the land in dispute from the Nungua Stool, represented by Numo Borketey Laweh, the Gborbu Wulumo of Nungua acting with the consent and concurrence of the principal members of the Nungua Stool.
The said lease executed in favour of the plaintiffs was tendered in evidence as Exhibit “J”. The plaintiffs’ attorney testified that after the acquisition, the plaintiffs went into immediate occupation and possession of the land and erected two structures and put a caretaker thereon.
But in October 2004, the 1st defendant demolished the said structures without regard to any due process.
He said after the demolition, he found the co-defendant on the land and challenged his right to be on the land.
According to the plaintiffs, the 1st defendant traced his root of title to the land in dispute on the assignment from the African- American Estate Developers Limited and contended that after the said assignment he (the 1st defendant) also assigned a portion of his interest in the land to the co-defendant herein.
On 20th May, 2005, the plaintiffs therefore brought an action against the defendants jointly and severally for the following reliefs:
a. A declaration that the judgment of the Circuit Court, Accra in Suit No.
CC1/36/04 entitled Reginald Andrews Koi vrs. Kwesi Fosu alias Kontoh is null and void ab initio on grounds of gross procedural irregularities.
b. A declaration that the writ of possession issued when plaintiffs in that suit has not obtained any judgment or order to recover possession of the land in dispute is null and void.
c. A declaration of title to all that piece or parcel of land situate lying and being at Adjiringanor, Accra bounded on the Northwest by the lessor’s land, measuring 200 feet more or less, on the Northeast of the lessor’s land measuring 140 feet more or less, on the Southeast by a proposed road me