SAMUEL K. OTU BOATENG v. KOFI NTIM-MANU & ORS
June 15, 2022
SUPREME COURT
GHANA
CORAM
- YEBOAH CJ (PRESIDING)
- PWAMANG JSC
- HONYENUGA JSC
- AMADU JSC
- KLENDI JSC
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
June 15, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Justice E. Yonny Kulendi, allowed Samuel K. Otu’s further appeal in a land dispute against his McCarthy Hills neighbors. Both sides traced title to the Nii Amoo Quaye and Nii Kweikuma families, but Otu’s evidence showed an earlier acquisition (1983), an indenture (1985), and a Land Title Certificate (1996). Crucially, Otu had fenced and gated the land in 1984 and openly used it for years, while the Respondents claimed a 1992 acquisition via Kyei Mensah Apenteng yet held a conveyance for only 0.27 acre despite later asserting 1.349 acres. A court-appointed composite plan indicated the parcels were largely distinct, with minimal overlap. The lower courts had treated discrepancies in Otu’s documents as fraud and relied on the Respondents’ “regularization” with the Gbawe Kwatei family. Applying the standards for re-hearing and proof of fraud, the Supreme Court preferred the documentary record and undisputed acts of possession, set aside the appellate judgment, declared Otu owner, awarded damages, and granted injunctive relief.
KULENDI JSC:-
INTRODUCTION:
This is an appeal against the judgment of the Court of Appeal dated 18th June, 2020. By the said judgment, the learned Justices of the Court of Appeal affirmed the judgment of the High Court dated 18th April, 2019, which among others, declared Defendants/Respondents/Respondents (hereinafter referred to as ‘the Respondents’) the owners of a piece of land situate at McCarthy Hills, Accra, the subject matter of the suit.
The Plaintiff/Appellant/Appellant (hereinafter referred to as ‘the Appellant’), aggrieved by the judgement, invoked the appellate jurisdiction of this Court by a notice of appeal filed on 8th September, 2020.
BACKGROUND:
The antecedent contentions culminating in this suit are as follows:
The Appellant and the 1st Respondent are neighbours and residents of McCarthy Hills, Accra. Both trace their individual roots of title to the land to the same grantor: the Nii Amoo Quaye and Nii Kweikuma families of Anumansa, Jamestown, Accra. The Appellant, per his averments, acquired his interest in the land in 1983 and obtained an indenture evidencing his interest in 1985. He then registered the land and obtained a Land Title Certificate dated 25th October, 1996. The Appellant therefore commenced an action in the High Court seeking the following reliefs per his writ of summons:
a.“Declaration of title to all that parcel of land situate at MaCarthy Hill, Accra and bounded on the North by the grantor's land measuring 110 feet more or less on the East by the grantor land measuring 110 feet more or less on the South by grantors land 185 feet more or less and on the South by proposed road measuring 135 feet more or less on the North West by grantors land measuring 80 feet more or less and covering an approximate area of 0.37 acres.
b.Recovery of possession of all that parcel of land situate at MaCarthy Hill, Accra and described above;
c.Special damages of GH¢5,000.00 (Five Thousand Ghana Cedis) being cost of Plaintiffs fence wall wrongfully pulled down by Defendant,
d.General damages for trespass;
e.Perpetual injunction to restrain Defendant whether by its agents assigns privies servants Or workmen from disturbing Plaintiffs quiet enjoyment of its land at MaCarthy Hill, Accra;
f.Cost”
The 1st Respondent on the other hand, alleges that he acquired the land in 1992 from one Kyei Mensah who in turn is said to have acquired the land in 1972 from the same grantor as the Appellant. The 1st Respondent contended that he acquired