2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff/appellant, acting as the Administrator of the estate of Paul Mensah Sackey, sued the defendant/respondent in the Nsawam Circuit Court, claiming title to a disputed land among other reliefs. The defendant counterclaimed, asserting ownership through a deed of gift from the appellant's niece to his father, who then sold it to him. The trial court ruled against the plaintiff, leading to an appeal. The appellate court reviewed the evidence, finding inconsistencies in the defendant's case and the trial court's error in evaluating issues. The appeal was allowed, the plaintiff was granted the reliefs sought, and the judgment of the lower court was set aside.
BRIGHT MENSAH JA:
The plaintiff/appellant herein, suing in the Nsawam Circuit Court in his capacity as the Administrator of the estate of Paul Mensah Sackey (deceased), claimed the judicial reliefs listed hereunder, against the defendant/respondent:
a) A declaration of title to the land appropriately described in
the schedule contained in the statement of claim;
b) Recovery of possession;
c) Mesne profit from January 2007 to December 2013;
d) Damages for trespass;
e) Perpetual injunction restraining the defendant, his agents and
assigns from having anything doing on the land in dispute.
Counterclaim:
The defendant/respondent responded to the claim; entered an appearance, filed a statement of defence and denied substantially, the plaintiff/appellant’s claim. He then counterclaimed against the plaintiff/appellant as follows:
1. Declaration of title to all that piece or parcel of land [fully described in
paragraph 10 of the statement of defence @ p. 21 of the record of appeal [roa]]
2. Recovery of possession;
3. Damages for trespass;
4. Perpetual injunction restraining the plaintiff, his agents, servants, workmen, successors in title, personal representatives, privies, or any
person claiming through the plaintiff from laying adverse claim to the
land under litigation.
5. Cost of this litigation.
The plaintiff/appellant filed a reply and defence to the counterclaim and raised the issue of fraud against the defendant/respondent, the particulars of which he gave as follows:
“PARTICULARS OF FRAUD
a) No land had been conveyed to Alhaji Tiri by Madam Akua Fati
in 1987 as at that time plaintiff was 24 years old and had been
put in charge to assist Tiri.
b) Alhaji Tiri therefore did not convey any land to his son on the
strength of the purported deed of gift from Akua Fati as plaintiff
would have been made aware.
c) When Akua Fati died in 1992 Alhaji Tiri continued to account to
plaintiff in respect of the monies he collected from the tenants on
the land in dispute.” See: pp 24-25 [roa]
At the end of the trial, judgment went against the plaintiff/appellant. The judgment complained of, appears on pp 114-139 [roa]. Aggrieved by, and dissatisfied with the decision of the lower court, the plaintiff/appellant has launched the instant appeal on a number of grounds, namely that:
i) Judgment is against the weight of evidence;
ii) The court erred in holding that Akua Fati had capacity
to convey the land in dispute to the defendant