2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana dismissed an appeal by Rukayatu Usumanu arising from a property dispute over House No. E227/16, Mamobi, Accra, originally owned by the late Abdulai Dagarti. Usumanu claimed title through an alleged gift from Dagarti to his sister, Hajia Hawawu, and a subsequent sale, relying on a payment receipt, deed of assignment, statutory declarations, Letters of Administration, and a confirmation lease. The Court meticulously re-evaluated the evidence after striking out two argumentative additional grounds of appeal under C.I. 16, Rule 6. The Court affirmed the Court of Appeals nullification of the sale, finding serious inconsistencies in the appellants documentary trail (conflicting dates and grantors, differing signatures) and noting the absence of acts of possession. It emphasized caution in assessing claims involving deceased persons and held that Exhibit 3 gave the appellant notice before she proceeded, defeating her plea of innocent purchaser for value. The appeal was dismissed.
DORDZIE (MRS.) JSC:-
The subject matter of litigation which had culminated in this appeal is a house described as number E227/16 situate at Mamobi, Accra. (This was the numbering of the house at the time of commencement of the action). The property was originally owned by Abdulai Dagarti (deceased), he died on 23rd September 1981. The disputed property is being occupied by tenants who are the 2nd to 17th defendants/appellants/ respondents. There is no dispute that until the death of Abdulai Dagarti the tenants were attoning tenancy to him.
The deceased Abdulai Dagarti had a sister, Hajia Hawawu who survived him. It is alleged Dagarti gifted this property to the surviving sister Hawawu. A sales transaction of the property was alleged to have gone on between Hawawu and the plaintiff/ respondent /appellant (hereafter I will refer to the parties as appellant and respondents). The appellant made attempts to recover possession of the property after the alleged sale. This attempt was resisted by the 1st respondent who is said to be the head of family of the deceased Abdulai Dagarti.
The appellant therefore instituted an action in the Circuit Court, Accra in November 2006 praying for the following reliefs:
1. Declaration of title to House N0. E227/16 Mamobi, Accra.
2. Recovery of possession of the said house and
3. Recovery of all arrears of rent and utilities.
The first respondent resisted the appellant’s claims and maintained that the house was not sold, the appellant’s claim of ownership of the property is fraudulent the property remains the property of the family of the deceased Abudulai Dagarti who died intestate.
The trial Circuit Court relied on a statutory declaration said to have been made by the deceased Abdulai Dagarti gifting the property to Hawawu to hold that Hawawu validly acquired the property and could sell same. The court therefore gave judgment to the appellant and granted her reliefs. The respondents dissatisfied, appealed to the Court of Appeal.
The Court of Appeal found that the main issue between the parties was the question of validity of the sale of House N0. E227/16 to the appellant. It found the sale was not valid, therefore declared the said sale null and void and set aside the judgment of the trial Circuit Court.
The appellant has appealed to the Supreme Court originally on the sole ground that the judgment is against the weight of evidence. Further grounds of appeal were filed on behalf of the appellant as additional grou