NENE AZIZAH III & ORS v. FOR GO ENTERPRISE LIMITED
2018
COURT OF APPEAL
GHANA
CORAM
- KORBIEH, JA (PRESIDING)
- HONYENUGA, JA
- AMADU, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Honyenuga JA, reviewed an appeal from the High Courts Land Division where the Loweh Saunya Clan of Ningo had obtained declarations, damages, an injunction, and cancellation of two land title certificates over land around Ayikuma. The clan relied on a 1908 purchase from Nana Asamoah, a 1914 deed by Nana Okanta Ofori XII, Jackson Js 1952 judgment, a 1956 Gold Coast Gazette, a 1969 Fiankonya Stream Forest Reserve apportionment, and a 1988 survey plan. The defendant company asserted that it acquired the land in 2006 from Gao Limited, registered title after notices in the Ghanaian Times, and made grants to third parties. Applying NRCD 323 and PNDCL 152, the appellate court found the plaintiffs identity and boundary evidence contradictory (Asebi near Ayikuma versus Ayikuma), their failure to call boundary owners or demonstrate any registration error, and that Ayikuma lands are held by both Ningos and Shais. It allowed the appeal, set aside the High Courts judgment, and left the defendants land titles intact.
HONYENUGA, JA
This is an appeal against the judgment of the High Court, Land Division, Accra dated the 30th day of November 2016. The said court entered judgment in favour of the plaintiff/respondent (hereinafter called the plaintiff) as against the defendant/appellant (hereinafter called the defendant).
A brief background leading to this case was that the plaintiff caused the instant writ of summons to be issued out against the defendant claiming as follows:-
“(a) Declaration of title to all that piece or parcel of land forming part of plaintiff’s ancestral land and trespassed upon by the defendant.
(b) Damages of trespass.
(c) An order of perpetual injunction to restrain the defendant, its agents, privies and assigns from entering onto or in any way disturbing the plaintiffs and their family’s possession of the land.
(d) An order canceling the Land Certificate Numbered TD 2877 covering 61.940 acres and TD 3004 covering 50.363 acres respectively issued in error to the defendant”.
In the accompanying statement of claim, the plaintiff averred that they are the acting head of family and Asafoatse of the Loweh Saunya Clan respectively. The plaintiff further averred that their clan is the owner in possession of a large tract of land situate at Ayikuma in the Greater Accra Region and the land in dispute forms part of their clan land. They stated that their ancestors bought the land in dispute from Nana Asamoah the then Benkumhene of the Benkum Traditional Stool of Larteh-Ahenease in the sum of £100 and a receipt dated 10th January 1908 was issued accordingly. The plaintiff further stated that Nana Okanta Ofori XII then Benkumhene of Akwapim executed a deed dated 14th July 19..4 in favour of their ancestors. The plaintiffs averred that since July 1914, their clan had remained owners in possession of the land to date and have exercised acts of ownership and possession over same. The plaintiffs further averred that per the judgment of Jackson J, then a Judge of the Land Court, Eastern Division of the Supreme Court of the Gold Coast in a case titled “Nene Tei Doku Agudah II (Mantse-Wayo of Ayikuma) versus The Shai Native Authority dated 31st January, 1952, the plaintiffs’ clan were adjudged the owners of a large tract of land, part of which was encroached upon by the defendants herein.
The plaintiffs stated that by the Gold Coast Gazette Extraordinary published on 3rd August, 1956 at page 1049 the Ningos of which the plaintiffs’ clan come from were confirme