SKONES SECURITY LIMITED v. ABUBAKARI MOHAMMED & ANOTHER
2022
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, JA (PRESIDING)
- J. BARTELS-KODWO (MRS.), JA
- S. R. BERNASKO ESSAH (MRS.), JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal concerns overlapping grants in the South East Vittin Residential Area in Tamale. The plaintiff company purchased Plot No. 1.4, Block A from Mohammed Yakubu, whose 2008 grant by the Vittin Skin was confirmed by Gulkpe-Na Alhassan Abdulai, and undertook preparatory development and registration with the Lands Commission. The 1st defendant claimed a prior customary grant from 1997 by the Vittin Chief, took possession, and presented an allocation letter and site plan; the High Court prioritized the first-in-time grant, found for the 1st defendant, ordered the plaintiff to vacate portions, and awarded GH20,000 costs. On appeal, the Court of Appeal held the trial judge erroneously rejected the court surveyors composite plan (CWE2), emphasized the duty to accept credible scientific survey evidence, confirmed the 1st defendants customary grant, and delineated boundaries per CWE2, declaring the plaintiff owner of the green area (minus yellow). The costs award was set aside and the appeal granted in part.
V. D. OFOE
This suit was filed on the 23rd of April 2014 and determined by the trial High Court on the 9th of October 2020. It is a dispute over land. Both parties claim to have bought the disputed land from the Vittin Skin but under different circumstances. The plaintiff described the land as plot No 1.4 Blk. A South East Vittin Residential Area, Tamale. We will refer to this land as the disputed land or No 1.4 A. where necessary for the sake of convenience.
From the pleadings plaintiff bought the land from Mohammed Yakubu who got it directly from the Vittin Skin in 2008. Yakubu after the grant from the Vittin head got a confirmation of the grant from the Regent of Gulkpugu, Alhaji Ziblim Abdulai. Yakubu eventually sold the plot to the plaintiff in September 2011. As is usual of land purchasers, the plaintiff company claimed it deposited sand on the plot part of which was used to mould blocks. It is its pleadings that it got its documentation through the official process and had it registered at the Lands Commission. After putting 20 concrete pillars on the boundaries of the plot and sending two water tanks preparatory to developing the plot, the defendants entered the land demolished the pillars and perforated the water tanks making them unusable. According to plaintiff the Zobog Na (The Nyankpala Na) who the defendant traced his title to, invited the 1st defendant to show him the land allocated to him but the 1st defendant declined the invitation and continued to make claim to the land.
From the pleadings of the plaintiff it can be inferred that not that the 1st defendant had not been granted land by the Vittin but his land is not what the plaintiff is claiming. The Nankpala Na was ready to show him his plot but 1st defendant refused to see the chief.
The plaintiff found he had no option than to sue claiming:
1. Declaration of title to Plot No. 1.4, Blk ‘A’, South East Vittin Residential Area, Tamale – the dimension of which are as described in a lease executed by Gulkpe-Na Alhassan Abdulai and the Plaintiff.
2. Recovery from the defendants the sum of One Thousand Six hundred Ghana cedis (GH¢1,600.00) being the cost of 20 pillars and 2 water tanks destroyed by the Defendants.
3. Damages for trespass by the Defendants unto the said Plot No. 1.4, Blk ‘A’, South East Vittin Residential Area, Tamale.
4. An order of perpetual injunction restraining the Defendants either by themselves, their agents, servants, or persons whatever on the Defendants’