November 28, 2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal (V.D. Ofoe JA (Presiding), B.F. Ackah‑Yensu JA, and I.O. Tanko Amadu JA) reviewed a land dispute between the Ayiku Gberbie family of Prampram (led by Numo Alfred Quaye acting through Joseph Nee Tetteh) and the 1st and 2nd Defendants, who claimed 183.08 acres at Afiadenyigba through Olowe lineage and directions from the Prampram and Afienya chiefs. The High Court had declared title for the Ayiku Gberbie family over about 1,112.09 acres, ordered recovery of vacant land and attornment by persons granted land by the 2nd Defendant, restrained the Defendants, and dismissed counterclaims except to preserve existing residences. On appeal, the Court, per Amadu JA, undertook a Rule 8(1) rehearing, found the trial court’s conclusions perverse and inconsistent with its own findings (notably rejecting the alleged 152‑acre grant to Tee Teye Farms yet awarding relief), emphasized the Defendants’ long possession (about forty years) and developments, held limitation was not pleaded though laches could be considered, and declared the 2nd Defendant beneficial owner in possession of 183.08 acres, ordered cancellation and expungement of a Vesting Assent, refused unproven compensation, and granted a perpetual injunction against interference.
JUDGMENT
TANKO AMADU J.A
(1) This appeal lies from the Judgment of the High Court (Land Division) Accra dated the 19th day of October, 2016. In that judgment, the Trial Judge entered judgment in favour of the Plaintiff/Respondent (hereinafter referred to as Plaintiff)’ and held as follows: “In conclusion,
I enter judgment for the Plaintiff’s family as follows:-
(a) The Plaintiff’s family being Ayiku Gberbie family is declared titled to the land described in relief ‘a’ and covering an approximate area of 1,112.09 and that land covered by Schedule III falls within the Plaintiff’s family land.
(b) The Plaintiff is to recover all vacant land within the area described in relief ‘a’.
(c) All persons who have been granted portions of the Plaintiff’s family land by the 2nd Defendant should attorn tenancy (tenant) to the Plaintiff’s family or risk losing their land except the area where the Defendants have built their home and settled on at time of building those houses has not been given.
(d) The Defendants agents, assigns, servants, grantees etc. are restrained from making any claim over any portion of the said land and from disturbing the Plaintiff’s family right on the said land.
(e)The Plaintiff’s claim for damages for trespass is dismissed.
(f) The Defendant’s counterclaims are also dismissed, except that the Defendants are to continue to keep the land on which they have built their house or houses and live on but exclude where they farm.
(g) The Plaintiff is awarded cost of Gh₡15,000.00.
(2) It is against this judgment and consequential orders set out above that the Defendants/Appellants (hereinafter referred to as Defendants) appealed to this court upon a cocktail of grounds of appeal finally settled in the Amended Notice of Appeal filed on 15th December 2017 pursuant to leave granted by this court. We shall classify and determine all the grounds of appeal under three broad areas as follows:-
(i)The errors of law alleged including the Trial Judge’s determination of the Plaintiff’s capacity and subsequent amendments suo motu.
(ii) All grounds of appeal alleging misapprehension of the evidence under the omnibus ground that the judgment is against the weight of evidence.
(iii) Determination by the Trial Court of the issue of limitation statute raised by the Defendants and the equitable defences of laches and acquiescence.
(3) BACKGROUND FACTS:
The original writ commencing the action at the Trial Court was issued on the 4th day of April 2012. In