2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana (per Dotse JSC, with Date-Bah JSC presiding, Ansah JSC, Baffoe-Bonnie JSC, and Akoto-Bamfo JSC concurring) dismissed Alhaji Mohamed’s appeal and affirmed the Court of Appeal’s judgment for Saanbaye, who acted through his attorney Theresa T. Kangberee. The land at South Ofankor was initially conveyed by Anna Benieh Yanney to Emmanuel Yaw Nkrumah in 1986, and then to Saanbaye in 1988; Saanbaye later obtained Land Title Certificate No. GA 17008. Alhaji Mohamed claimed through Mr. and Mrs. Marcus and developed the property, but the Court held that under the nemo dat principle Anna Benieh had no title to convey in 1989, rendering Mohamed’s chain void. The Court rejected the High Court’s reliance on CW1 Andy Agbakpe’s incoherent survey evidence, emphasized the presumption of regularity and the prima facie force of a Land Title Certificate, and noted equity’s clean hands requirement. Identity of the land was not in doubt. The appeal failed and the Court of Appeal’s orders were affirmed.
J U D G M E N T
DOTSE: JSC
This is an appeal by the Defendant/Respondent/Appellant, hereafter referred to as the Defendant, against the Judgment of the Court of Appeal delivered on 9th December, 2010 in favour of the plaintiff/Appellant/Respondent, hereafter referred to as the Plaintiff.
ACTION IN THE HIGH COURT
By his amended writ of summons, the plaintiff, who commenced the action through His Lawful Attorney THERESA T. KANGBEREE claimed the following reliefs against the the Defendant:
A declaration of title in favour of plaintiff against defendant for all that piece and parcel of land in extent 0.15 hectare (0.38 of an acre) more or less being parcel No.187 Block 24, Section 201 situate at South Ofankor in the Greater Accra Region of The Republic of Ghana and more also described at paragraph 2 of plaintiff’s statement of claim.
An order for recovery of possession of the land the subject matter of this suit from defendant.
A declaration that the defendant has trespassed into plaintiff’s land described herein.
General damages in favour of plaintiff for the trespass committed by defendant on plaintiff’s land.
An order that defendant demolish all and any structures constructed by defendant on the land.
An order directed at defendant to defray all expenses incurred by plaintiff for purposes of demolishing the structures constructed by defendant on plaintiff’s land.
An order of perpetual injunction to restrain the defendant whether by himself/herself, servants, workmen or agents or otherwise from trespassing or otherwise undertaking any development of, dealing with or in any manner interfering with plaintiff’s ownership of a right and as well as possession of the land the subject matter of this suit.
The Defendant, on his part as per his amended counterclaim, also sought the following reliefs against the plaintiff:
A declaration of title to all that piece or parcel of land situated, lying and being at South Ofankor, Accra containing an approximate area of 0.36 acre or 0.15 hectare more or less and bounded on the North West by vendors land measuring on that side 158.1 feet more or less on the North-East by a proposed road and measuring on that side 98.6 more or less on the South-East by vendors land measuring on that side 159.7 feet more or less on the South-West by vendors land measuring on that side 100.2 feet more or less which piece or parcel of land is more particularly delineated in the attached site plan.
An order for the Land Title Certifi