MS. AGNES AHADZI & ANOTHER v. BOYE SOWAH & OTHERS
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, (J.A.) - (PRESIDING)
- GYAESAYOR, (J.A.)
- SOWAH, (J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court initially ruled in favor of the plaintiffs, granting them title to the disputed land at Okpoi Gonno and awarding damages for trespass. Dissatisfied, the 1st defendant appealed, arguing that the judgment was against the weight of the evidence. The appellate court found that the trial court failed to address the fundamental issue of the land's location and did not properly evaluate the evidence. The appellate court concluded that the land in dispute belongs to the Kle Musum Quarter of Teshie, setting aside the previous judgment and declaring the plaintiffs' land documents null and void.
JUDGMENT
SOWAH J.A.
On 4th July 2011, the High Court, Accra delivered judgment against the three defendants, dismissing their counterclaims and granting the plaintiffs all the reliefs they had sought in their writ of summons. The plaintiffs were declared bona fide grantees of the land in dispute and were awarded GH₵50,000.00 in general damages for trespass. A perpetual injunction order was made against the defendants and costs of GH₵3,000.00 were awarded in favour of the plaintiffs against each of the defendants.
Dissatisfied with the decision of the trial High Court, the 1st defendant [hereafter referred to as the appellant] has appealed on the sole ground that “The Judgment is against the weight of the evidence adduced at the trial”. He is praying that the judgment against the 1st defendant be set aside and judgment entered in his favour.
The background to this case is as follows:
The plaintiffs initially issued their writ of summons on 5th July 2000 against the 1st and 2nd defendants for the following reliefs:
1. General damages for trespass unto the plaintiffs land situate at Okpoi Gonno measuring 11.8 acres more particularly described in the statement of claim. Defendants have refused to pay heed despite demands from the plaintiffs.
2. Perpetual injunction restraining defendants from further acts of trespass.
3. Cost.
The plaintiff's averred in their statement of claim that they had obtained their grants from the Bortei Alabi family of Nungua sometime in 1998 and had taken the necessary steps to transfer title of the land in their grantors name, that is, Land Certificate No. 9043 into the 2nd plaintiff’s name. However the defendants had recently trespassed on the land and were selling to 3rd parties.
In their amended statement of defence to be found at pages 160-162 of the Record of appeal, the 1st and 2nd defendant’s averred that they were members of the Tsei We family which was the owner of the disputed land. 2nd defendant averred that he was the head of that family. They alleged that the Land Certificate of the Bortei Alabi family was obtained by fraud. They counterclaimed for the following:
a. Declaration that Land Certificate No. GA 9043 dated 16th March, 1994 in the name of Bortei Alabi family is null and void.
b. Declaration that subsequent documents based on the Land Certificate No. GA 9043 in the name of 1st and 2nd plaintiff are also null and void.
c. Declaration that all that piece or parcel of land in extent 4.613 hectors