NII LANTEY LAMPTEY v. R.O. LAMPTEY & 2 ORS
July 28, 2022
COURT OF APPEAL
GHANA
CORAM
- B.F. ACKAH-YENSU, JA (PRESIDING)
- S.R. BERNASKO ESSAH (MRS), JA
- GEORGE K. KOOMSON, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
July 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision arises from a land dispute over Danchira lands in the Greater Accra Region. The Appellant, acting on behalf of the Nii Lantey Okunka family, claimed ownership of approximately 13,774 acres, while the Nii Djanbi Amu family also asserted ownership and granted parcels to third parties, including the Respondent. Around 2000–2001, Respondent’s Managing Director, Mr. Fredrick Kofi Asare, negotiated purchases from the Nii Djanbi Amu family after the Appellant represented himself as a member of that family and as Danchira chief (Nii Amu II), introduced Respondent to the grantors, witnessed a deed, and received monies. Visual evidence described Appellant as “Manche of Danchira.” The High Court entered judgment for Respondent on its counterclaim. On appeal, the Court held Appellant was estopped by conduct from denying Respondent’s title under Evidence Act section 26 and affirmed the High Court’s 28 October 2016 judgment, dismissing the appeal.
KOOMSON, JA
My Lords, the core issue which we have been invited by this appeal to adjudicate upon is as to whether or not the Appellant is estopped by conduct from denying the Defendant/Respondent’s title to the land in dispute.
This is an appeal from the judgment of the High Court dated 28th October, 2016. The Plaintiff/Appellant shall be referred to as ‘the Appellant' whereas the 3rd Defendant/Respondent shall be simply referred to as ‘the Respondent.’
A brief facts of the case are that, the Appellant on behalf of the Nii Lantey Okunka family claims to be the owner of over 13,000 acres of land situated at Danchira, in the Greater Accra Region. Their ownership of the land is traced to their ancestor by the name Nii Lante alias Okunka, who through a hunting expedition discovered and settled on the Danchira lands. Nii Lante alias Okunka over time had descendants who also lived on Danchira lands. One such descendant was Kwame Amu. Danchira lands were predominantly cultivated for farming and fishing. Farmers obtained the consent of the Nii Lantey Okunka family before engaging in any agricultural activity. The Appellant’s family in the distant past was engaged in various successful litigations over Danchira lands which were led by Kwame Amu. It is the claim of the Appellant that over the years, the Nii Lantey Okunka family have granted licenses to other settler farmers for purposes of farming. The 1st and 2nd Defendant’s family known as the Nii Djanbi Amu family of Danchira made adverse claims to the entire land claimed by the Appellant. The Nii Djanbi Amu family had alienated portions of Danchira lands to 3rd parties including the Respondent.
The Appellant displeased with the conduct of the 1st and 2nd Defendant’s claim over the ownership of Danchira lands, instituted an action in the High Court. On 13th September 2007, the Appellant commenced this suit against 1st and 2nd Defendants. The Respondent was later joined to the suit as 3rd Defendant with the leave of the Court. The Appellant thus amended the writ of summons and statement of claim against all the Defendants for the following reliefs:
a. Declaration of title to a parcel of land (known as Danchira land) situate, lying and being at Danchira in the Ga District of the Greater Accra Region covering a total area of 13,774 acres more or less.
b. General damages for trespass.
c. Perpetual injunction restraining the Defendants, their agents, assigns, privies workmen, servants and all people claim thro