REV. DANIEL OKPOTI OKERTCHIRI v. EDDIE NELSON
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, JA (PRESIDING)
- ADUAMA OSEI, JA
- DZAMEFE, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appellate judgment arises from a disputed land ownership case in La-Accra. The plaintiff's claim was based on transfers from his uncle and another person, while the defendant's counterclaim associated the land with his father's estate. Both cases were evaluated by a composite survey report revealing overlaps. The High Court ruled for the plaintiff, awarding him ownership, which the defendant contested on appeal. The appellate court examined evidence, expert reports, statutory provisions, and previous case law to determine the validity of the appeal. Upholding the High Court's decision, the court emphasized the plaintiff's clearer identification of land and appropriate reliance on the composite surveyor's report.
GYAESAYOR, JA
This is an appeal against the decision of the High Court dated 29th January 2014. The defendant who lost the case in the High Court has filed this appeal.
The plaintiff in the High Court who shall continue to be described as such in this appeal took out a writ on 28th January 2002 seeking the following reliefs;
1. Declaration of title to all that piece or parcel of land lying and being at La-Accra, and bounded on the North East by proposed road measuring 70 feet and 40 feet respectively or more or less on the South-West by Donor’s ;and measuring 100 feet more or less on the South-East by proposed road measuring 3 Feet or less on the North-West by Donor’s land measuring 60 feet more or less and containing an approximate area of 0.14 acre more or less which said pieces or parcel of land is more particularly delineated on the plan attached to the deed of gift dated 28th March 1984 and registered in the Lands Registry as No.3956/34 and thereon shown edged pink.
2. Damages for trespass.
3. Perpetual injunctions restraining the defendant whether by himself, his servants or agents or otherwise however from entering upon the plaintiffs land.
4. Recovery of possession.
5. Any further or other orders
On the 18th day of April 2011, the plaintiff amended his statement of claim pursuant to leave granted by the High Court. In the amended statement of claim plaintiff described himself as the freehold owner of the land lying and situate at La in Accra. According to him, the defendant also purports to be the rightful owner and in possession of the same land.
It is the plaintiff’s case that his Uncle Ayi Bi Mensah now deceased gave him the land in January 1981 after which he processed the documents at the Lands Commission. He therefore became the owner by virtue of a Deed of Gift dated 28th March 1984 bearing stamp number AC 2119/84 and is registered in the Land Registry, Accra as No. 3956/84.
He also acquired a portion of the land which Ayi bi Mensah had sold to one Madam Patience Tsotsoo Boye in 1983 from the said Tsotso who prepared a statutory declaration in his favour and subsequently gave her title deeds to him.
In an attempt to erect corner pillars on the land in 1992, he was confronted by one Madam Ako Fofo who alleged that the land belonged to one Emmanuel T. Nelson who had put her there as a caretaker.
The plaintiff then informed the Lenshie Quarter of La who appointed two members of the family to inspect the disputed land. These per