ODWUMA LAKES FARMS & RURAL ESTATES LTD & ANOTHER v. MRS. VIVIAN AKU BROWN DANQUAH & OTHERS
2018
COURT OF APPEAL
GHANA
CORAM
- A. DORDZIE, MRS. JA, (PRESIDING)
- B. ACKAH-YENSU, JA
- H. KWOFIE, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Mrs. Vivian Aku Brown Danquah, representing the Adutso Family of Osu, initially won a land title case against the Odartey Sro Family at the Court of Appeal. Subsequent purchasers of the land from the Odartey Sro Family, who were in possession for decades, claimed adverse possession and bona fide purchase without notice when the Adutso Family enforced their title. The trial court dismissed the purchasers’ claims, considering them privies to the initial judgment. Upon appeal, the Court of Appeal found errors in the trial court's application of res judicata and other legal principles, set aside its ruling, and ordered a retrial.
BARBARA ACKAH-YENSU (Ms) JA
In order to truly appreciate this appeal, one needs to recount the brief facts of the case leading to the appeal. Mrs. Vivian Aku Brown Danquah, 1st Defendant/Respondent herein, commenced an action (as plaintiff) at the High Court as Head of Adutso Family of Osu against Samuel Lanquaye Odartey, Head of Odartey Sro Family also of Osu (as defendant) for, inter alia, a declaration of title to a parcel of land said to be located at Abokobi in the Greater Accra Region covering over 500 acres. The said defendant denied that the plaintiff was entitled to her claims and counterclaimed, amongst others, for declaration of title and recovery of possession. At the end of the trial, the learned trial Judge dismissed the plaintiff’s claim and gave judgment for the defendant on his counter claim.
The plaintiff successfully challenged the judgment at the Court of Appeal resulting in it being set aside and judgment entered for the plaintiff. The Court of Appeal declared the plaintiff’s family, the Adutso family of Osu, as the beneficial and lawful owners of the disputed land. The defendant aggrieved by this decision then appealed to the Supreme Court. The Supreme Court however unanimously affirmed the decision of the Court of Appeal in Civil Appeal No. J4/4/2016 which is reported in the Ghana Monthly Judgments (2016) 103 GMJ 167.
The 1st and 2nd Plaintiffs/Appellants (hereafter referred to as “Appellants”) acquired parcels of land from the Odartey Sro Family. The Plaintiffs allege that they had been in peaceful possession of their land until November 2004 when the Defendants/Respondents (also to be referred to simply as “Respondents” hereafter) together with other people, without lawful authority trespassed on to the said land and properties thereon claiming that they had won a case at the Court of Appeal against the Appellants’ grantors. The 1st Respondent is the head of the Adutso Family to which the 2nd Respondent is said to belong, with the 3rd and 4th Respondents being sued as agents of the said family.
Appellants instituted the present action against Respondents for reliefs that included a declaration that they have been on the disputed land, for nearly thirty (30) years and that even if the Respondents won their case against Appellants’ grantors, that would not invalidate their adverse possession for well beyond the Statutory Limitation period of twelve (12) years. The Appellants were also seeking a declaration that they were “bona fi