December 12, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision arose from a land dispute at Amedeka, East Legon, Accra. The High Court had summarily declared title for the plaintiff, awarded damages and costs, and promised written reasons, which were never delivered. On appeal by the defendant, the court emphasized the judicial duty to provide reasons and to determine all claims, observing the trial judge’s failure to pronounce on the counterclaim and to supply reasons, which amounted to a mistrial. Exercising sua motu jurisdiction, the court scrutinized the plaintiff’s capacity and held that the Power of Attorney (Exhibit ‘A’) was invalid under Section 1(1)–(2) of Act 549 for lack of attestation and inadmissible under Section 32(6) of Act 689 for want of stamp duty. It set aside the High Court judgment, declared the writ and proceedings nullities, dismissed the defendant’s counterclaim, and dismissed the appeal as moot.
TANKO AMADU J.A
(1) This appeal is from the judgment of the High Court Accra, dated the 7th day of October 2010.
In the High Court, the Plaintiff/ Respondent (hereinafter referred to as ‘the Appellant’) caused a writ to be issued against the Defendant/Appellant (hereinafter referred to as ‘the Appellant’ ) in which he sought the following reliefs:
“(1) Declaration of title to all that piece or parcel of land lying situate and being at Amedeka, East Legon, Accra bounded on the North by the Lessor’s land measuring 200 feet more or less, on the South-East by proposed road measuring 60 feet and 90 feet respectively more or less, on the West by Lessor’s land measuring 130 feet more or less and containing an approximate are of 0.58 acres more or less which piece or parcel of land is more particularly delineated on the plan attached to the site plan.
(2) General Damages for trespass.
(3) An order of perpetual injunction restraining the Defendant either by himself, his agents, assigns, privies whosoever from interfering with the Plaintiff’s enjoyment, use and development of the land under reference.
(4) Cost including Solicitors fees.
(5) Any other order(s) as the court may deem meet”
(2) In his accompanying statement of claim the Respondent traced his root of title from a conveyance dated 17th September 1991 between one Mr. Mensah Tromu and claims to have been in possession thereof by erecting pillars and depositing building materials thereon.
The Respondent asserted further that, he erected a concrete fence to encompass the entire land and fixed a gate to it.
Subsequently, he deposited his documents with the Lands Commission for processing and registration.
(3) According to the Respondent, he had until the unlawful trespassory activities of the Appellant enjoyed uninterrupted ownership and possession of the land.
However, when the Appellants started threatening his caretaker and appeals made to the Appellant to stop the threat and acknowledge the Respondent’s ownership were unheeded, he caused the action to commence for the reliefs sought.
(4) The Appellant disputed the Respondent’s claim in it’s entirety.
He asserted that he is the holder of a Power of Attorney of Mr. Joseph Copson Tettey Tetteh his uncle and attorney of Nii Addotey Nkpa who is the bonafide owner of the parcel of land in dispute.
The Appellant denied being a trespasser but asserts that the Respondent’s alleged grant is invalid as his grantors do not own the land.
(5) The Appella