2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs successfully defended their title to land acquired from Madam Abena Asi, as initially affirmed by the High Court. The Court of Appeal's doubt about the purchase was found unwarranted by the Supreme Court, which reinstated the High Court's ruling. The Supreme Court also dismissed an objection regarding the timeliness of the plaintiffs' appeal.
PWAMANG, JSC.
The plaintiffs/respondents/appellants, hereafter referred to as plaintiffs, in 1979 purchased a parcel of land at Sowutuom in Accra from the Abola Piam (Tunma We) family of Accra. The purchase was covered by a deed of conveyance which plaintiffs registered at the Land Registry as No.2447/1985.
In 1985 plaintiffs acquired another parcel of land adjacent to their land from Madam Abena Asi, a grantee of the Abola Piam (Tunma We) family. This second grant is covered by two documents registered as Nos. 507/1986 and 508/1986. Plaintiffs went into possession of the lands, built a two-room house thereon and placed a caretaker in it.
Much later, the 1st defendant/appellant/respondent, hereafter referred to as 1st defendant started making adverse claims to the land plaintiffs acquired from Madam Abena Asi. In 2004, plaintiffs wall on the disputed portion of the land was pulled down and they attributed it to 1st defendant but she denied being responsible. Plaintiffs therefore sued in the High Court, Accra claiming against 1st defendant declaration of title, damages for trespass, special damages, perpetual injunction and recovery of possession.
1st Defendant in her amended statement of defence, claimed that her mother acquired the land in dispute from both Abola Piam family and Sempe Stool. Sempe Stool later joined the case and counterclaimed among other reliefs for a declaration that they are the allodial owners of Sowutuom lands and not the Abola Piam family. Defendant further contended that plaintiffs grant from Madam Abena Asi was fraudulent as there was no person called Madam Abena Asi from whom plaintiff acquired the land covered by document No. 508/1986.
In his judgment, the trial High Court judge held that Abola Piam family are the allodial owners of Sowutuom lands. He also held that defendants were not able to prove the fraud alleged against plaintiffs in respect of the land purchased from Madam Asi. The High Court rejected 1st defendant’s claim that her mother ever acquired the land in dispute from Abola Piam Family. The High Court therefore entered judgment for plaintiffs on all their reliefs except for special damages.
Defendants appealed to the Court of Appeal against the judgment of the High Court. The Court of Appeal upheld the finding of the High Court that Abola Piam Family is the allodial owners of Sowutuom lands . They also agreed with the trial court that defendant could not prove any title to the land through Abola Piam family.