2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision arises from a land dispute over an 11.48-acre parcel at North-East Teshie/Baatsona/Okpoigonno in Greater Accra. The plaintiffs, including the customary successor of Samuel O. Laryea, asserted they acquired and possessed the land under a 1975 indenture executed by Nii Klu Tsuru Nmashie, the Mankralo of Teshie, registered the interest, and made grants to others. The 1st and 2nd Defendants claimed the land forms part of their Baatsona/Nungua holdings, supported by a provisional registration, and granted plots including one to the late mother of the 3rd and 4th Defendants, who walled and developed a plot and later continued in possession. The High Court found for the plaintiffs but denied title and complete possession, prompting defendants’ appeals and a plaintiffs’ cross-appeal for declaration of title. Applying settled Supreme Court precedents, the Court of Appeal held that Teshie lands are quarter lands and the Stool/Mankralo lacked capacity to grant; plaintiffs’ title was void. Consequently, the trial court’s trespass, possession, and injunction orders were without jurisdiction. The defendants’ appeals succeeded and the plaintiffs’ cross-appeal was dismissed.
LAWRENCE L. MENSAH JA:
This is an appeal launched by the Defendants/Appellants who will be referred to as the Defendants against the judgment of the High Court (Land Division) Accra dated 30th January, 2018 in favour of the Plaintiffs/Respondents who will be referred to as the Plaintiffs. The subject matter of this appeal is in respect of a piece or parcel of land situate at Baatsona and or Okpoigonno in the Greater Region as each of the parties respectively refer to same.
Facts
To appreciate the conflict engendered by this appeal it is necessary to unravel the facts of the case to put each of the parties appeal in its proper perspective. It is also necessary to state that the 1st and 2nd Defendants have a joint defence, while the 3rd and 4th also have a common defence with the 5th Defendant Lands Commission not showing in the case at all as a contestant, except a banal statement of defence they filed at the court below.
Case of the plaintiffs:
It is the case of the plaintiffs as amended, that in or about the 16th of November 1975, 2nd plaintiff together with one Samuel O. Laryea (Deceased) whose customary successor is the 1st plaintiff, acquired the disputed land from Nii Klu Tsuru Nmashie, the Mankralo of Teshie. An indenture Exh C was executed to evidence the transaction. The disputed land which covered an area of 11.48 acres was bounded by stool lands and lying North East of Teshie.
It is the further case of the plaintiffs that upon acquiring the said parcel of land from the then Makralo of Teshie aforesaid, the plaintiffs immediately went into possession by planting economic trees on the said land. They made grants to various persons after having the land registered at the 5th Defendant Lands Commission with Registration Number 2428/78 at the Deeds Registry. Plaintiffs said it had come to their attention that the 1st and 2nd Defendants had fraudulently made various grants to other persons, including the mother of the 3rd and 4th Defendants who encroached on the disputed land. The plaintiffs particularized the alleged fraud of the Defendants because 1st and 2nd Defendants have acquired a provisional certificate from the 5th Defendant though the 1st and 2nd Defendants knew that they had no interest in the disputed land.
The plaintiffs said after the 3rd and 4th Defendants had trespassed onto the land and started a fence wall, the plaintiffs warned them to keep off the land. When the 3rd and 4th Defendants refused to abate their trespass the plain