NII TETTEY OKOHARYEE & ORS v. NII GAMU OSMANU TACKIE OKAI I & ORS
May 12, 2022
COURT OF APPEAL
GHANA
CORAM
- SENYO DZAMEFE, J.A, (PRESIDING)
- MERLEY WOOD, J.A
- ERIC BAAH, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
May 12, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision, authored by Senyo Dzamefe, J.A., arises from an interlocutory motion to dismiss a wide-ranging land suit concerning the Danchira lands claimed by the Nii Djan Bi Amu family and their lessees against the Lands Commission and members of four composite Asere families. The defendants sought dismissal in limine on grounds of res judicata, asserting that prior High Court and Supreme Court proceedings (including Suit No. AL/22/2007) had determined ownership of Danchira lands in favor of the composite families. The High Court refused, citing differences in acreage and the preliminary posture, and noting that res judicata could be better determined after pleadings or at directions. On appeal, the Court of Appeal affirmed, emphasizing the discretionary nature of Order II rule 18, the need for identity of subject matter, and that possessory judgments and inadequate descriptions in prior cases do not conclusively bar later title claims. The appeal was dismissed and the case remitted for continuation.
DZAMEFE, JA
The plaintiff/respondent hereinafter referred to as the plaintiffs issued this writ of summons against the defendant/appellant, also referred to as the defendants jointly and severally for the following claims;-
a. A declaration of title to ALL THAT PIECE OR PARCEL of land situate and lying and being at Danchira in the Ga South District of Accra in the Greater Accra Region an bounded on the North West by Honi Stream measuring 10,200 feet more or less, on the North West by Manhia, Ashalaja and Afuaman lands measuring 51,7000 feet more or less, on the East by Joma and Densu river and Kwame Amu’s land measuring 10,300 feet more or less, on the South by Benyibe Pond, Amanfro and Domeaba lands measuring 17,500 feet more or less and on the South West by Amanfro lands measuring 3,500 feet more or less and containing an approximate area of 13, 774 acres more or less.
b. A declaration that there is no subsisting Judgment by any court of competent jurisdiction in Ghana which has declared title to the plaintiff’s’ land in favour of the 2nd to 5th defendants.
c. A further declaration that the High court Judgment in Suit No.L/22/07 did not grant the four composite family title to the plaintiff’s land described in reliefs (a) therein.
d. A further declaration that the defendants or their so-called four composite family has not been in any litigation in Court with the 2nd to 5th plaintiff and has not obtained any judgment against the said 2nd to 5th plaintiffs the land of which the 2nd to 5th plaintiffs have been in possession over decades.
e. A further declaration that the Land Certificate No. GA 51333 having been obtained by fraud, mistake and/or non-compliance with law renders same void.
f. Recovery of possession of any portion of the plaintiff’s land as described from the 2nd to 5th defendants their assigns and all those claiming through them or the so-called four composite family who have forcefully entered portions of plaintiff’s’ land described in reliefs (a) hereof on the basis of the void Title Certificate No.GA513333A therein referred to as 10,396 acres being a portion of plaintiffs land.
g. An order upon the 1st defendant to bring up for cancellation by the court the Land Certificate No.GA 51333.
h. A further order upon the 1st defendant to cause to be expunged from the records of all its relevant divisions whose acts of illegality facilitated the purported issuance of the Land Certificate No.GA51333, in addition to any transaction or info