RICHARD KWAME OFOSU v. PATRICIA O. SNOWDEN
July 28, 2022
COURT OF APPEAL
GHANA
CORAM
- B.F. ACKAH-YENSU, JA (PRESIDING)
- S.R. BERNASKO ESSAH (MRS), JA
- GEORGE K. KOOMSON, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
July 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
GEORGE K. KOOMSON, JA delivered the Court of Appeal’s judgment on an appeal from the High Court (Land Division) concerning competing claims to land around McCarthy Hill. The appellant asserted a 2010 acquisition from the Gbawe Kwatei Family, executed an indenture in 2012, cleared weeds, and sought registration at the Land Title Registry (Yellow Card dated 12 July 2012), relying on earlier judgments to support his grantors’ title. The respondent traced title to the James Town Stool through William M. Quao Halm, who received a deed of gift in 1956 and registered a large tract in 1961 (No. 1031/61), exercised overt acts including grants to third parties such as Ghana Water & Sewerage Company; she acquired her parcel in 1997, fenced it, built structures, and placed caretakers. The Court agreed with the trial judge that the land forms part of James Town lands, found the respondent in possession since 1997, held the appellant failed to prove root of title, and applied Act 122 to prioritize the 1961 registration over the appellant’s 2012 registration. The appeal was dismissed.
KOOMSON, JA
This is an appeal from the decision of the High Court (Land Division) dated 9th March, 2018 in which judgment was given in favour of the Defendant/Respondent on her counterclaim.
The Plaintiff/Appellant shall be referred to as the Plaintiff and the Defendant Respondent shall also be referred to as the Defendant.
The facts leading to the original action are very simple. Both Plaintiff and Defendant claim they acquired the disputed property from their respective grantors. The Plaintiff’s pleadings show that he acquired the disputed property from the Gbawe Kwatei Family of Gbawe in 2010.
The Plaintiff’s contention is that though he acquired the disputed property in 2010, the indenture was executed in 2012. Plaintiff further contends that immediately after the acquisition of the land, he went into possession by clearing the weeds on the land. His contention further is that he applied to register his title at the Land Title Registry and was issued with Yellow Card dated 12th July 2012. According to the Plaintiff, the Defendant laid adverse claim to the land. It is further the contention of the Plaintiff that his grantors, the Gbawe Kwatei Family has received judicial accent in various decisions of the Superior Courts, namely; K. A. Owoo-Papafio vrs Amada Wangara; Augustus Kpakpo Brown vrs S. Bosom Twi & Co. Ltd and Anor.
The Defendant, on her part, contended that the disputed property originally belonged to the James Town Stool. She further contended that, her predecessor in title, William M. Quao Halm, acquired a large tract of land from the James Town Stool and registered his title in 1961 at the Deeds Registry with Land Registry No. 1031/61. The Defendant further contended that her predecessor in title exercised overt acts of ownership and granted portions of the said land to others including the Ghana Water & Sewerage Company. According to the Defendant she also acquired a portion of the land which William M. Quao Halm acquired from the James Town Stool in 1997, from the administrators of the estate of William M. Quao Halm. Defendant further stated that after the acquisition of the disputed land, she erected boundary wall around the property and further developed a structure on the land and put caretakers in the said structure.
The Plaintiff issued a writ of summons asking for a Declaration of Title, recovery of possession, general damages for trespass and perpetual injunction.
The Defendant also counterclaimed for general damages for tre