PHILIP ANANE v. RITA OKYERE
2021
COURT OF APPEAL
GHANA
CORAM
- ANGELINA M. DOMAKYAAREH (MRS.) JA. (PRESIDING)
- A. B. POKU-ACHEAMPONG, JA.
- SAMUEL K.A. ASIEDU, JA.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (Asiedu JA, with Domakyaareh JA (Presiding) and Poku‑Acheampong JA concurring) allowed an appeal from the Circuit Court, Kumasi, in a land dispute over Plots 64 and 65, Block H, Meduma, on Adonten Stool land. The trial judge had granted title to the Defendant under the Land Development (Protection of Purchasers) Act, 1960 (Act 2) based on good‑faith construction, but failed to establish the statutory prerequisite that the land lie in a “prescribed area.” The Court of Appeal emphasized that LI 118 prescribes Accra only and that Meduma in Ashanti is outside any prescribed area; moreover, reliance on Act 2 must be pleaded under Order 11 rule 8 of CI 47 and Act 2’s application is entrusted to the High Court. Preferring the court‑appointed surveyor’s evidence and noting admissions about a fence wall, the court declared title in the Plaintiff. Balancing equity and hardship, it preserved the Defendant’s possession of the developed plot by ordering attornment and payment of current land value to the Plaintiff, while granting the Plaintiff possession of the undeveloped plot and costs.
ASIEDU, JA.
This appeal is against the judgment of the Circuit Court, Kumasi delivered on the 26th day of March 2018. The Plaintiff/Appellant (hereinafter referred to as the Plaintiff), per his lawful attorney, issued a writ of summons against the Defendant/Respondent (hereinafter referred to as the Defendant) on the 7th November 2013 for:
a. Declaration of title to Plot No. 64 and 65 Blk H situate and lying at Meduma on the Adonten Stool land in the Kwabre East District of Ashanti.
b. Recovery of possession of the said plot 64 and 65 Meduma in the Kwabre East District of Ashanti.
c. General damages for trespass.
d. Perpetual Injunction restraining the Defendant, his servants, assigns and workmen from interfering with the said Plots of land.
After the hearing of the matter, the learned trial Circuit Court Judge entered judgment for the Defendant. It is for this reason that the Plaintiff filed the instant Notice of Appeal on the 25th June 2018 on the grounds that:
a. The judgment is against the weight of evidence.
b. Additional Grounds of Appeal may be filed on receipt of the record of proceedings
The Plaintiff therefore prays this Court “that the judgment of the Court dated 26th March 2018, be set aside and judgment entered in favour of the Plaintiff/Appellant.”
Pursuant to leave granted on the 24th November 2020 by this Court, the Plaintiff filed Additional Grounds of Appeal which will be referred to in this judgment as and when necessary.
Like the Plaintiff, the Court has decided to discuss Ground one of the Grounds of Appeal together with Ground A of the Additional Grounds of Appeal. Ground one of the Grounds of Appeal is that: “The judgment is against the weight of evidence” and Ground A of the Additional Grounds of Appeal is that: “Having found and held that the disputed 2 plots of land lying at Meduma in the Kwabre East District are the self-acquired properties of the Plaintiff/Appellant, the trial Judge erred when she proceeded to confer title and possession of the 2 plots in the Defendant/Respondent under the Land Development (Protection of Purchasers) Act 1960 (Act 2); failing to recognise that the said Act 2 applies only to lands lying in Prescribed Areas”.
There are several decisions to the effect that “whenever the Appellant in an appeal alleges that the judgment is against the weight of evidence, it behoves the appellate court to review the record and ascertain from the record whether substantial justice had been done”. See Mohamme