SETH NII QUAYE HAMMOND v. ST. LUKE METHODIST CHURCH
2021
COURT OF APPEAL
GHANA
CORAM
- ADJEI, J.A
- SUURBAAREH, J.A
- WOOD, J.A
Areas of Law
- Property and Real Estate Law
- Probate and Succession
- Evidence Law
- Civil Procedure
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Dennis Adjei, J.A., dismissed the Defendant’s appeal from a High Court judgment vesting title in Abossey Okai St Louis Wesley Methodist Church, Accra to a house at Darkuman and its adjoining land devised by Lydia Akuokor Lamptey. The Court affirmed that the term “adjoining” in Clause 8 referred to the parcel next to the house, not part of Lamptey’s 0.25-acre leasehold from the Asere Stool. It applied falsa demonstratio non nocet to reject the argument that a misdescription of the beneficiary church invalidated the gift. Based on exhibits and testimony, the Court found continuous, undisturbed possession by Lamptey and the Plaintiff for more than twelve years, vesting ownership by limitation. It held the registered vesting assent properly covered both parcels. The Defendant failed to prove title, possession, or that his cited judgment matched the disputed land, and all grounds—including the omnibus ground—were dismissed.
ADJEI, J.A:
The Defendant who lost the action and had his counterclaim dismissed by the High Court on 14th February, 2020 filed an appeal against the said judgment to the Court of Appeal on 20th February, 2020. In this appeal, the Defendant/Appellant and the Plaintiff /Respondent shall be described with their respective designations before the trial High Court.
The Plaintiff claimed its root of title through a Will made by the late Lydia Akuokor Lamptey who died in 1992. According to the Plaintiff the late Lydia Akuokor Lamptey exercised absolute ownership rights over the land in her lifetime and the Plaintiff too continued to exercise unfettered rights over the land for over twenty years before commencing the action in the High Court which culminated in the appeal before this Court. The Plaintiffs pleadings were to the effect that the devises made to her included a building on a plot which is covered by a lease and an adjoining land which falls outside the conveyance made between Asere Stool and the late Lydia Akuokor Lamptey. The Plaintiff’s position is that her grantor exercised unfettered rights over that adjoining land during her lifetime and she has also unfettered rights over same for over twenty years and was therefore entitled to ownership by the invocation of the Limitation Act, NRCD 54. The Plaintiff on her endorsements sought for a declaration of title to the land described in the vesting assent including the land covered by the grant and the adjoining land not covered by the conveyance and an order for perpetual injunction.
The Defendant on the other hand did not dispute the interest of the late Lydia Akuokor Lamptey in 0.29 acre land situate and lying at Bubuashie Accra and bounded on the North-East by proposed road measuring 100 feet on the South-West by Oloquaye’s land measuring 100 feet on the South-East by Cobblah’s land measuring 120 feet and on the North-West by E.B.A. Hammond’s land measuring 120 feet which she acquired on 2nd July, 1954 and covered by an indenture. The disputed land is the adjoining land to the 0.29 acre land acquired by the late Lydia Akuokor Lamptey. The Defendant counterclaimed against the Plaintiff for; a declaration that the Defendant’s family is the owner of the land in which judgment was given by the High Court intituled E.N.A Hammond v William Wallace Bruce and 2 Others with Suit No. AL 7/ 2003, an order for perpetual injunction, general and special damages.
At the close of pleadings the Defendant filed si