NII KOFI LA FAMILY v. THE ATTORNEY GENERAL
2015
SUPREME COURT
GHANA
CORAM
- ANSAH, JSC (PRESIDING)
- DOTSE, JSC
- ANIN YEBOAH, JSC
- BAFFOE-BONNIE, JSC
- AKOTO-BAMFO (MRS), JSC
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court dismissed an appeal by the plaintiff seeking to reclaim land they claimed had been wrongfully taken by the military without compensation. The Court of Appeal's judgment in favor of the defendants was affirmed. The case hinged on the validity of a Certificate of Title from 1944 for which compensation was disputed. A key legal principle was that a Certificate of Title is absolute, and presumed authentic, unless successfully rebutted by contrary evidence. The Court sided with the defendant, referencing the proper legal processes and evidence supporting the initial land acquisition.
ANSAH JSC:
Introduction and facts of the case:
This is an appeal against the judgment of the Court of Appeal, (Civil Division), Accra, dated, 16th January, 2014, which dismissed the judgment of the High Court, Accra.
“a) Declaration of title to all that piece of land situate and lying at La in the Greater Accra Region and bounded at the North by Nii Manley Osokrono’s land measuring 186.21 ft. from SGE 13/73/20 to 15/73/21,105. 44 ft from SGCAJ 316/08/4 to SGGAJ 316/08/5, on the North East by Burma Camp measuring 196.49 ft from SGG316/98/5 to SGGAJ316/08/6, 115.50 from SGGAJ 316/08/7 to SGGAJ 316/08/7 to SGGAJ 316/08/8, to 133/.47 ft from SGGAJ 316/08/8 to SGGAJ 316/08/9 to SGGAJ 316/08/10,809.4 ft from SGGAJ 316/08/11 from SGGAJ 316/08/to 12 11 7.1 ft from SSG216/08/13 to SGGAJ 316/08/14 on the West by the Kotoka International Airport measuring 21.445.6 from GCAA 38,400 ft from 316/08/3 to GCAA38,400.6 ft from GCAA 38,400 ft from GCAA 42,399.8 ft from GCAA 47,799 ft from GCAA43400 ft from GCAA44,799 ft from GCAA 4799.7 ft from GCAA 46,400 ft from GCAA to GCAA47 and covering an approximate area of 136.39 acres. (emphasis supplied in bold)
ii). A declaration that Certificate No. 404/1944 did not reflect the true positions of the boundaries on the land.
iii) An order to compel the Land Registry No 404/1944 to reflect the true positions of the boundaries on the land”
The defendants appearance, amended statement of defense and counterclaim :
“i. Declaration to all that piece of land containing an approximate area of 5.6 square miles situate in the Accra District of the Eastern Province of the Cold Coast colony the boundary whereof commencing at pillar marked GCG 74 at the North Western corner of the existing aerodrome for 6338.5 feet on a bearing of 900.00 to a pillar marked GCC 79 and thence for 7393.5 feet on a bearing of 1800.00 to a pillar marked GCG 8.2 and thence for 2091.2 feet on a bearing of 2800.00 to a pillar marked GCG 83 and thence for 2091.2 feet on a bearing of 1910.10 to pillar marked GCG 63 and thence pens on a bearing of 1910.10 for approximately 3058.8 feet and thence on a bearing of 940.08 for approximately 2;122 feet to a pillar marked GCSEP. 1/35/98 and thence on a bearing of 940.08 for 4093.6 feet to a pillar marked GCSEP 1/35/97 and thence on a bearing of 2700.00 to a point on the Eastern edge of the Accra-Dodowa road in the Southerly direction t