RICHARD NOEL DIABA VS MARVIS ARYEE
2024
COURT OF APPEAL
GHANA
CORAM
- P. BRIGHT MENSAH JA PRESIDING
- AFIA SERWAH ASARE BOTWE JA
- DR. OWUSU-DAPAA JA
Areas of Law
- Property and Real Estate Law
- Administrative Law
- Civil Procedure
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involved an appeal by Richard Noel Diaba against a High Court judgment favoring Mavis Aryee in a land dispute. The Court of Appeal found that while the High Court had jurisdiction and did not err in rejecting certain evidence, its judgment was against the weight of evidence presented. The court held that Diaba had priority in regularizing title with State Insurance Company (SIC) as he applied first and disclosed pending litigation, while Aryee applied later and concealed material facts. The court ruled that SIC acted unfairly in regularizing Aryee's title while Diaba's earlier application was on hold, and that Aryee's land title certificate obtained during litigation was procured through fraud. The appeal was allowed, with judgment entered for Diaba on his claims against both SIC and Aryee. The case highlights principles of fairness in administrative decision-making, the effect of compulsory land acquisition on previous titles, and the court's power to set aside fraudulently obtained land titles.
BRIGHT MENSAH JA:
My Lords, this case has had a very chequered history.
The plaintiff, Mavis Aryee in the first suit on November 25, 1997 caused to be issued in the registry of the High Court, Accra (Land Division) against the defendant Richard Noel Diaba, a writ of summons registered as Suit No. L635/97) claiming the reliefs listed here below:
1. A declaration of title to all that piece of land situate at Kisseman,
Accra and known as Parcel Number 23, Block 9, Section 160,
Kisseman.
2. General damages for trespass.
3. Perpetual injunction restraining defendant, his agents, servants,
assigns and persons claiming through him from entering the said
land or in any way dealing with the said land.
See: pp 1-2 of Vol. 1 of the record of appeal [roa]:
Filed the same day along the writ of summons were a statement of claim and a motion exparte for interim injunction. See: pp 3-12 Vol. 1 [roa].
The records show that the lower court granted the motion exparte for an interim injunction and the injunction order was to last for 30 days. See: p. 13 Vol. 1 [roa].
Upon being served with the writ and the statement of claim, the defendant entered appearance, filed a statement of defence denying substantially, the plaintiff’s claim. In his defence, Richard Diaba counterclaimed against Mavis Aryee as follows:
a. Cancellation of land registry certificate on parcel of land
No. 23 Block 9 Section 160 Kisseman in the name of the
plaintiff.
b. Declaration that the defendant is lawful owner in possession
of all that piece and parcel of land described herein for a
term of 99 years.
c. Damages for unlawful entry on the defendant’s land.
See: pp 1-15 Vol. 1 [roa].
On record, the plaintiff Mavis Aryee after obtaining the exparte injunction order on 04/12/1997 that was to last for 30 days never took steps in the matter again until 04/06/2002 when she filed a notice of intention to continue with the suit and followed it up on 18/06/2002 with a repeat application for interim injunction on notice, as appearing on pp 18-19 Vol. 1 [roa].
Per a ruling of the court below that appears on pp 34-36 Vol. 1 [roa], the application was granted on 18/11/2002 whereupon an order was made restraining the defendant, his agents, assigns, etc. from either entering the disputed land and or developing same pending the final determination of the suit. The plaintiff then went to sleep without taking any further steps in the matter. As a result, the defendant subsequently app