OLIVIA ANIM (SUING PER HER LAWFUL ATTORNEY DIANA MENSAH BONSU) v. WILLIAM DZANDZI
June 6, 2019
SUPREME COURT
GHANA
CORAM
- DOTSE JSC
- YEBOAH JSC
- APPAU JSC
- PWAMANG JSC
- MARFUL-SAU JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
June 6, 2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Dotse JSC with Yeboah, Appau, Pwamang, and Marful-Sau JJSC concurring, dismissed a final appeal by the Defendant from a Court of Appeal decision that had reversed the High Court and granted reliefs to the Plaintiff. Plaintiff asserted an acquisition from the Ashalley Botwe Family in 1988 and long possession evidenced by a boundary wall and reservoir; she later received an indenture dated 6 December 2009. Defendant relied on a 1 July 2006 assignment from Amanor family members claiming title through the Numo Nmashie Family of Teshie, and invoked In Re Ashalley Botwe Lands. Applying appellate rehearing standards and land law principles, the Supreme Court held that Plaintiff’s earlier interest and possession took priority; that a prior purchaser is not estopped by a later judgment against her vendor; that Defendant had constructive notice from visible possession and failed to exercise adequate due diligence; and that Defendant’s assignment was incomplete. The Court affirmed title, injunction, possession, and GH¢10,000 damages for trespass.
JUDGEMENT
DOTSE, JSC:-
This is an appeal from the judgment of the Court of Appeal (Coram: P. K Gyaesayor, K.A. Acquaye, S. Dzamefe) dated 12th March, 2015 where the court reversed the decision of the High court presided over by His Lordship Anthony Oppong J.
FACTS
The brief facts of the case are that, the Plaintiff/Appellant/ Respondent hereafter referred to as Plaintiff initiated an action per her lawful Attorney against the Defendant/Respondent/Appellant,hereafter, Defendant in the High Court, Accra on 20th October, 2010 for the following reliefs:
Declaration of title to the disputed land
Perpetual injunction restraining the Defendant from dealing in any way with the land including further development of the land
Recovery of possession
An order to demolish Defendant’s structure on the land and surcharging Defendant with the cost
Damages for trespass
Cost
Any other order or orders this Honorable court may deem fit
THE PLAINTIFF’S CASE
It is the case of the Plaintiff that she acquired the land in dispute from the Ashale Botwe Family in 1988 and went into possession by occupying same over the years to prevent encroachment. The plaintiff then constructed a reservoir on the land and built a wall around the land. The Plaintiff states that the lessors delayed in preparing the indenture to the land but have recently prepared same which is dated 6th December, 2009. The Plaintiff states that the adjoining land belongs to her Attorney who is her mother and both were acquired at the same time and the attorney went ahead to develop her land and now lives there. The plaintiff claims that on or about 10th October, 2010 she noticed that the defendant was digging trenches in the nature of a foundation in complete disregard to the fact that there was a reservoir and a wall around it.
The Plaintiff protested immediately by among other things writing on the inside and outside of the wall that “THIS LAND IS NOT FOR SALE” but the defendant refused to heed the protest and in about six days developed the land within the wall to lintel level.
THE DEFENDANT’S CASE
It is the case of the Defendant that the disputed land was acquired from Beatrice M. Ogah, Andrews Kwesi Amanor, Caroline Amanor, Bether Amanor and Dorothy Amanor by an indenture dated 1st July, 2006. His grantors also acquired the land from Numo Nmashie family of Teshie who are the lawful owners of a large track of land including the disputed land. He registered his interest in the land and proceeded to