PROF. STEPHEN ADEI & ANOTHER v. GRACE ROBERTSON & ANOTHER
2013
COURT OF APPEAL
GHANA
CORAM
- ASARE-KORANG, JA (PRESIDING)
- ACQUAYE JA
- DZAMEFE, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs, a couple, purchased land in Sowutuom Accra claiming grants from Abola Piam (Tunma We) family and Madam Abena Asi. Upon encroachment by the appellant who claimed ownership through inheritance and lease from Sempe Stool, both parties sought declaratory reliefs for title and damages. The trial court found the plaintiffs' claim more plausible due to established sales to reputable institutions by Abola Piam and lack of credible evidence supporting the appellant's assertions. The court invoked Section 48(2) of the Evidence Act to favour the plaintiffs. Appellant's appeal on multiple grounds partially succeeded, with acknowledgment that respondent failed to prove purchases from Madam Asi but upheld Abola Piam's allodial title and absence of fraud.
DZAMEFE, JA
The plaintiff/respondents are a married couple living and working at Legon-Accra. They aver in 1979 they purchased the property in dispute at Sowutuom Accra from the Abola Piam (Tunma We) family of Accra acting per its joint heads of family and lawful representatives. The land was covered by deed of conveyance which was duly registered at the land Registry as No 2447/1985.
In 1985 they once again negotiated and purchased from one Madam Abena Asi, a grantee of Abola Piam (Tunma We) who are the allodial owners of Sowutuom lands, two different parcels of land adjoining their earlier grant. These two different grants are covered respectively by two deeds of conveyance stamped and registered as Registry No 507/1986 and 508/1986.
They went into immediate possession of these three different parcels of land by fixing corner pillars on the lands and subsequently constructed a two bedroom house on it and put in a caretaker. In all they purchased eight plots of land. In or about 1990/91 they had to stop encroachers including the appellant from trespassing onto the land particularly plot number 8 covered by deed of conveyance with Land Registry No 508/1986.
It is the respondents case that the appellant started making adverse claims to portions of the land covered by land document with Land Registry No 508/1986. The appellant in pursuance of her adverse claims organized and caused the destruction of 100 feet of the walled land which separates plots 6 and 8. The respondents claim for specific damages for the concrete fence pulled down at the instance of the appellant, claiming GH¢320.10 as pecuniary damages. It is their case that unless the appellant is restrained by the High Court she will persist in her acts of trespass and nuisance as she threatens further destruction, hence this suit and the claims and reliefs endorsed on the writ of summons.
The appellant in her defence and counter-claim averred the respondent rather trespassed onto her land. She counter-claimed for damages for trespass at the rate of Gh¢500.00 per anum beginning 1st January 1979 to date of judgment. Further and other reliefs including general damages and legal cost and also for declaration of title to land described in the plan attached.
The appellant in her amended statement of defence and counter-claim averred her mother acquired the land in dispute from the Abola Piam Stool in 1950 by a customary grant. She occupied and took possession of same immediately after the acquisition