April 17, 2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Koomson JSC, affirmed the Court of Appeal’s reversal of the High Court in a land dispute at Dzorwulu, Accra. Both sides traced title to the Osu Stool: the Plaintiff through a 1969 indenture to Theophilus Quarcoo Armar and a 1999 transfer (Land Title Certificate No. GA 14159), and the 2nd and 3rd Defendants through a 1953 customary grant by Osu Mantse Nii Noi Dowuona IV, reflected in 1960/1962 instruments. The trial judge relied on a court-appointed surveyor’s (CW1) composite plan to find the lands the same, but the Court of Appeal found them different. Applying High Court Rules Order 26 and Evidence Act sections 112 and 67, the Supreme Court held PW1’s expert evidence was admissible and CW1’s report dubious. After ordering a fresh composite plan (Exhibit CE1/SC) based on original registered site plans, the Court found Plaintiff’s land overlapped by 38% due to a changed layout and existing road, while Defendants’ land lay about 2000 feet away, confirming distinct parcels. The appeal was dismissed; the Court of Appeal’s judgment and dismissal of the counterclaim were affirmed.
KOOMSON JSC:
INTRODUCTION
This is an appeal against the judgment of the Court of Appeal dated 20th January
2022. The Court of Appeal set aside the Judgment of the High Court which went in
favour of the Defendant/Respondent/Appellant and in its place entered judgment
for the Plaintiff/Appellant/Respondent. It is this decision of the Court of Appeal that
the Defendant/Respondents/Appellants have invoked the appellate jurisdiction of
this Court praying for a restoration of the decision of the High Court.
The Plaintiff/Appellant/Respondent shall be referred to in this judgment as the
“Plaintiff” and the Defendants/Respondents/Appellants as “Defendants”.
This is a land dispute in which both the Plaintiff and the Defendants trace their root
of title to the same grantor, Osu Stool.
FACTS
The Plaintiff per his writ of summons describes his land as:
“All that piece of land in extent 0.061 hectares (0.515 of an acre) more of
less being parcel No. 0.12 Block 9 Section 2 situate at Dzorwulu Accra which
is delineated on Land Title Registry as No. GA14159”.
On the other hand, the 2nd and 3rd Defendants described their land as:
“All that situate and being at Mamobi Dzorwulu. It is the case of the
Defendants that their land is bound on the North by an existing road
measuring 200feet more or less, on the South by a proposed road measuring
200feet more or less, on the East by the property of Nii Noi Kwame
measuring 200feet more or less and on the West by a proposed road
measuring 200feet more or less …”
The Defendants also in a Counterclaim asked for:
i) Delivery up of Plaintiff’s Land Title Certificate for cancellation of same
ii) An order of perpetual injunction against the Plaintiff whether by himself or
through his agents workmen or privies or any of them or otherwise
howsoever from entering on and in any way dealing with or interfering
with the said piece of land which is subject matter of the instant suit.
iii) costs
According to the Plaintiff, he acquired the land from his uncle, Theophilus Quarcoo
Armar. The Plaintiff’s uncle acquired the land from one Abraham Osei on the 15th of
July 1969. The said acquisition by Plaintiff’s grantor in 1969 was subsequently
registered at the Land Registry as No. 1096/1970. Plaintiff’s case is that the 1st
Defendant trespassed onto his land at the instance of the 2nd and 3rd Defendants.
Plaintiff contends that his uncle transferred the land to him on 2nd May 1999 and the
same was registered on t