NII STEPHEN MALEY NAI v. EAST DADEKOTOPON DEVELOPMENT TRUST
2019
SUPREME COURT
GHANA
CORAM
- PROF. N. A. KOTEY
- ADINYIRA (MRS.)
- BAFFOE-BONNIE
- MARFUL-SAU
- AMEGATCHER
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
On appeal to the Supreme Court of Ghana, Prof. N. A. Kotey JSC authored the judgment dismissing the challenge brought by Nii Stephen Maley Nai on behalf of the Numo Kwashi Mensah Dade Nsrojah family of La against the East Dadekotopon Development Trust. The contested land lies behind the Trade Fair at La, an area historically used for farming that became highly valuable as urbanization accelerated. The Trust was created by the La Stool together with Lenshie and Nmati-Abonase quarters under a consent judgment in Suit No. L353/97, and in 2003 obtained a Land Title Certificate covering 874.434 hectares. Limiting its analysis to res judicata and estoppel by conduct, acquiescence and laches, the Court found privity between plaintiffs across suits and held that IRL/133/2009 was decided on the merits notwithstanding capacity issues. It emphasized years of overt acts of ownership by the Trust, including possession, grants to state agencies, and substantial development. Relying on Dzidzienyo, Agbeshie, Akuse-Amedeka, and Ago Sai, the Court affirmed the lower courts and dismissed the appeal.
JUDGEMENT
KOTEY, JSC:-
This appeal brings into sharp focus the problems and challenges of land ownership and management as land values soar on the back of urbanization and land use change as what was previously farming land becomes very valuable, prime, residential land.
The land in dispute is situate at La (behind the Trade Fair). Over the years citizens and families of La have farmed and/or settled on the land. With time, population growth, migration and urbanization, the demand for the land exploded exponentially and so did the price. An avalanche of litigation was soon unleashed in respect of these lands. In all these cases, the primary issues have been who is the proper authority to make valid grants of land behind the Trade Fair. Is it the family that has farmed and/ or settled on the land, a quarter (a quarter to which a family belongs) or the La Paramount Stool?
Prominent and relevant among these cases, for the determination of this appeal are;
i. Suit No. L353/97
Nii Kpobi Tettey Tsuru III (La Mantse) v Ato Quarshie & Ors (HC, 12th July 2001 unreported)
ii. Suit No. BL 238/2008
Nii Manley Osokrono IV v Attorney General and Lands Commission (HC,7th December 2010, unreported)
iii. Suit No. IRL/133/2009
Nii Manley Osokrono IV v East Dadekotopon Development Trust (HC, 22nd June 2011, unreported)
In Nii Kpobi Tettey Tsuru III v Ato Quarshie & Ors (supra), the La Mantse sued claiming title to a large tract of land behind the Trade Fair which includes the land in this dispute. Two La Quarters, Lenshie and Nmati-Abonase challenged the La Stool’s claim and joined the suit as co-defendants. (There are seven quarters in La. A quarter is a division of La, headed by a divisional Chief. It is made up of several houses (‘We’’) and families who settled at a section of La at about the same time, usually under one leader.) The two quarters contended that the land in dispute, being outskirt land, they, not the La Stool, were the owners of the land and the proper authority to make grants of the land. The suit ended in a consent judgment.
Pursuant to the consent judgment in suit No. L353/97(supra) the East Dadekotopon Development Trust (defendant-trust) was established by the La Stool, Lenshie quarter and Nmati-Abonase quarter in 2002 to hold and manage a large tract behind the Trade Fair, La. In 2003 the defendant-trust obtained a Land Title Certificate in respect of 874.434 hectares (2154.7871 acres). The land, the subject matter of this appeal which is