2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Suurbaareh JA, dismissed an appeal arising from a land dispute in Accra. The respondents’ 2014 acquisitions traced to earlier grants by the Gbawe Kwartei family, including a 1995 link through John Adotei Moffat. The appellants obtained grants from the Anyaa Stool via the Anyah Mantse in 1991 and 1996 during longstanding litigation (1981–2002) between Anyaa and Gbawe, culminating in the Supreme Court case Augustus Kpakpo Brown v S. Bosomtwe & Co. Ltd. and Adam Kwartei Quartey Family. After Gbawe’s victory, appellants paid knocking fees in 2005, but respondents’ grantors fenced the land and pursued trespassers through the Kaneshie Community Tribunal and police. On appeal, arguments on limitation and fraud failed because they were not pleaded; bona fide purchaser and prior-grantee doctrines did not assist the appellants. The court affirmed the High Court’s grant of title, possession, eviction, and injunction to the respondents.
SUURBAAREH, JA
This is an appeal against the judgment of the High Court, Land Division, Accra dated 28th July 2017, which judgment granted the Plaintiffs/Respondents reliefs for declaration of title; recovery of possession; and order of eviction and perpetual injunction, in respect of a piece and parcel of land described in Schedules A and B, in their amended statement of claim at pages 11 and 12 of the record of appeal, whilst dismissing the Defendants/Appellant counter claim to the said land.
Dissatisfied with the said judgment, the Defendants/Appellants, simply called Appellants hereinafter, have mounted the instant appeal. Their notice of appeal, filed on 24th August 2017, contained four grounds of appeal. However, on 9th June 2021, pursuant leave to file additional grounds of appeal, they, on 15th June 2021, filed an additional ground of appeal. The grounds of appeal before this Court are therefore as follows:
a. The judgment is against the weight of evidence on record.
b. The trial Court failed to consider the case of the defendants’ properly.
c. The trial Court failed to consider the fact that the defendants/appellants are innocent purchasers for value without notice.
d. The trial Court failed to apply the reliefs granted to grantees after their grantors had litigated.
e. The trial Court erred when it upheld the plaintiff’s (sic) claim whereas one grantor of the respondents did not have the capacity to sign an indenture on behalf of the alleged deceased co-grantor of the respondents.
The Appellants, from their notices of appeal, are dissatisfied with the whole judgment and are seeking to have the judgment of the trial Court set aside, and judgment entered for them in respect of their counter claim.
The events giving rise to this case are not in dispute. The Plaintiffs/Respondents, who would be called Respondents hereafter, who acquired their interest in the disputed land in 2014, had their respective lands, described in schedules A and B of their amended statement of claim, through an assignment from Elizabeth O. Dodoo and Dr. Benjamin Darku Dodoo respectively. The facts show that the assignors of the Respondents also trace their interest to grants from the Gbawe Kwartei family in 1990, and 1989 respectively. The assignor of the second respondent, acquired his interest in 1995 from John Adotei Moffat, who traced his root to the Gbawe Kwartei family.
The Appellants on the other hand, acquired their interest from the Anyaa Stool, through the