NANA OBIRI BOAHEN v. GOLDEN AGE COMPANY
2021
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC (PRESIDING)
- BAFFOE-BONNIE, JSC
- MARFUL-SAU, JSC
- DORDZIE (MRS.), JSC
- AMEGATCHER, JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Nana Obiri Boahen, having obtained a default judgment from the Wenchi High Court over farmlands at Abesim Dominase, Asufufu and Adomako, entered a plotted parcel in South New Town, Sunyani—Plot No. 27, Block A, Sector 4—pulled down structures, and subdivided it for developers, prompting Golden Age Company, assignee of a registered 50‑year lease originally granted to Little Saints Educational Complex by the Lands Commission, to sue for declaration, recovery, damages, demolition and injunction. The High Court, Sunyani, credited documentary title and planning evidence (including the Town Planning scheme and Sunyani master plan), found the disputed plot distinct from the farmlands covered by the Wenchi judgment, and granted Golden Age all reliefs. The Court of Appeal affirmed. On second appeal, the Supreme Court, per Dordzie JSC, applied the standard governing interference with concurrent findings, rejected estoppel per res judicata, emphasized the limited effect of default judgments and the need to establish identity of land, and dismissed the appeal, affirming the lower courts’ decisions.
DORDZIE (MRS.) JSC:-
Facts
The appellant herein Nana Obiri Boahen maintains he obtained judgment from the High Court Wenchi in the case numbered E1/4/06 titled Nana Obiri Boahen v Elder Kyere & Others dated 11/3/2011. The subject matter of that suit consists of three separate pieces of farmlands situated at Dominase on Abesim Stool land, Asufufu/Adomako on the Sunyani Stool land and Dominase on Abesim land. Appellant claims he is the owner of these farmlands. In the execution of the said judgment, the appellant entered and pulled down buildings on the plot of land that is the subject matter of this dispute, erected pillars, demarcated it into building plots which he had let out to developers who are busily developing same. These developers are the 2nd 3rd and 4th defendants in this suit at the trial court. The Respondent herein who claims ownership of the subject land sued the appellant in the High Court Sunyani claiming the following:
“A declaration that plaintiff is the bona fide owner of the Plot No. 27, Block ‘A’ Sector 4, South New Town, Sunyani which share boundary in the North-West, North, North-East with a road and South-East with a road and a lane, South, South-West with road, West with road junction.
Recovery of possession of the land described in paragraph (a) Supra.
General damages for trespass
An order of the court to compel defendants to demolish any structure or buildings defendants have unlawfully erected on said plot.
An order of injunction to restrain defendants, their agents, assigns, workmen, labourers etc. from dealing with plot No. 27 Block ‘A’ Sector 4, South New Town, Sunyani in any manner whatsoever.”
The High Court found as a fact that the pieces of land for which the 1st defendant/appellant obtained judgment in suit No. E1/4/06 in the High Court, Wenchi, are differently located from the plot of land forming the subject matter of the present suit, and plot No. 27 Block A Sector 4 South New Town does not form part of the properties affected by the said judgment. The High Court, Sunyani, further found that the plaintiff/Respondent had successfully proved its title to the land it claims in the suit and therefore gave judgment to the plaintiff/Respondent granting all its reliefs in the writ of summons.
The appellant aggrieved appealed to the Court of Appeal. The Court of Appeal affirmed the findings and judgment of the High Court and dismissed the appeal.
The appellant dissatisfied further appealed to this court praying that