MRS JENNIFER KANKAM NANTWI & ANOTHER v. JOSEPH AMENYA
October 23, 2019
SUPREME COURT
GHANA
CORAM
- GBADEGBE, JSC (PRESIDING)
- BENIN, JSC
- APPAU, JSC
- PWAMANG, JSC
- KOTEY, JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
October 23, 2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Gbadegbe JSC delivering the unanimous judgment, dismissed an appeal by a husband-and-wife duo who sought to set aside a prior High Court judgment and cancel Land Title Certificate No. GA 10930 regarding a disputed plot. The plaintiffs said they bought the land in 2001 via the first plaintiff’s mother from Kofi Boateng, built a house by 2005, and occupied it; in 2007 they were served with process indicating the defendant already had a judgment against Edith Nyarko over the same land. The defendant maintained he purchased the land in 1995 from a registered proprietor and was granted a land title, fenced the plot, and sued an encroacher by substituted service, obtaining judgment. The Supreme Court struck out the plaintiffs’ relief to set aside the prior judgment because they were strangers who had not followed proper procedures. On the merits, the Court refused to disturb concurrent findings, affirmed the indefeasibility of the defendant’s registered title under section 43(1), rejected the plaintiffs’ possession-based arguments, and affirmed recovery of possession and injunction, dismissing the appeal.
JUDGMENT
THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY GBADEGBE JSC, AS FOLLOWS-:
GBADEGBE:JSC
In this appeal, for reasons of convenience, the parties will be referred to simply as plaintiffs and defendant. The circumstances in which the action herein arises may be stated shortly as follows. The plaintiffs issued the proceedings herein against the defendant seeking an order setting aside a prior judgment of the High Court, Accra in Suit Number L/187/2003 dated November 23, 2005 on the ground of fraud. Also claimed as reliefs in the action are an order for the cancellation of a Land Title Certificate No GA 10930, and an order of perpetual injunction. Upon service of the proceedings herein on the defendant, he submitted himself unconditionally to the jurisdiction of the trial High Court and filed a defence to the action and counterclaimed among others for a declaration that the judgment dated 23rd November, 2005 entered in favour of the defendants herein in Suit L/187/2003 is valid and binding on the Plaintiffs. The said claim was expressed to be in the alternative to a declaration of title to the property in respect of which the previous judgment and the present action related to. The previous judgment, on which the proceedings herein turn is entitled: Joseph Amenyah v Edith Nyarko.
The plaintiffs, a husband and wife alleged that they had acquired the disputed property by purchase from one Kofi Boateng. The purchase was done in or about 2001 through the mother of the 1st plaintiff while the purchasers were said to be resident outside the country. Sometime after acquiring the disputed property, they caused the 1st plaintiff's mother to put up a residential dwelling for them. After the said building was completed around 2005, they caused utilities to be provided therein and they moved into occupation. Sometime in 2007, while in occupation of the property, the plaintiffs were served with a court process indicating that the defendant herein had obtained a prior judgment against, a person known as Edith Nyarko in respect of the same land. The plaintiffs who denied knowledge of the said Edith Nyarko informed the defendant herein who apparently was in the company of the process server that they had lawfully acquired the disputed property from the owners. In the face of the conflicting claim to the land by the defendants, which was acknowledged in the judgment sought to be enforced against them, the plaintiffs caused their proceedings herein to issue before th