POULY EQUIP FARMS v. NII SOWAH OKATABAN & SAMUEL ADJEI AGOE & LANDS COMMISSION

KOOMSON JSC:-

This is an appeal by the Plaintiffs/Appellants/Appellants against the judgment of the Court of Appeal, Accra, dated 24th April, 2021 in favour of the 2nd Defendant/Respondent/Respondent. The Court of Appeal, in that judgment, affirmed the judgment of the High Court, dated 13th March, 2018 in favour the 2nd Defendant/Respondent/Respondent. For ease of reference, the parties shall maintain their designation at the High Court. Thus, the Plaintiffs/Appellants/Appellants shall simply be referred to as the Plaintiffs and the 2nd Defendant/Respondent/Respondent shall be referred to as the 2nd Respondent.

BACKGROUND

It is necessary to recollect the events leading to this appeal. The claim of the Plaintiffs is that they are the owners of the lands in dispute. 1st Plaintiff acquired its land by a conveyance of sale dated 14th February, 1983 which was made between Kwame O. Mireku and 1st Plaintiff. This Conveyance was stamped and registered at the Lands Registry as No. 224/1983 and receipted as AC829/83. Another land which adjoins 1st Plaintiff’s land was eventually acquired by 2nd Plaintiff by a Deed of Conveyance dated 23rd January, 1984. 2nd Plaintiff’s land was stamped and registered as Land Registry No. 1491/1984 and receipted as AC 561/84. Thus, the Plaintiffs’ respective lands are contiguous to each other.

1st Plaintiff claims that it commenced construction activities on the land in 1978 before its conveyance was executed in 1983. It constructed an Administrative Block, then a Factory for the manufacture of Poultry Equipment such as incubators, feeders and allied equipment. These construction works and installations began in 1978 and were completed in 1984. 2nd Plaintiff’s land is used primarily for agricultural purposes and a portion of the land serves as an entrance to 1st Plaintiff Company’s land. Plaintiffs claim that they mortgaged their lands on two occasions in 1984 and 2004, and both were discharged in 1995 and 2006 respectively.

Plaintiffs discovered in 2015 in an official search at the Lands Commission that their Lands were affected by a “judgment dated 21st June 2001 in favour of Adjei Kwashie, Adjei Kpabi and Sowah Klotia Families (Suit No. L586/97)”. An inquiry by Plaintiffs on the judgment in Suit No. L586/97 revealed that it was an action between Nii Sowah Okataban vs Samuel Adjei Agoe (Lawful Attorney of Adjei Kwashie, Adjei Kpabi and Sowah Klotia Families of Amanfro-koo). In that suit, the High Court gave judgment in favour