SOLOMON BAAH v. MELCOM GHANA LIMITED & ORSSSSSS
2016
COURT OF APPEAL
GHANA
CORAM
- AYEBI, J.A. (PRESIDING)
- TORKORNOO (MRS), J. A.
- DOMAKYAAREH (MRS), J. A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Equity and Trusts
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant contested a judgment that had granted part of his leased plot to Respondents for long-term use. The appellate court found the trial court had misapplied legal standards regarding long-term use, licenses, and estoppel. It ruled for the Appellant, confirming his proprietary interest and mandating the removal of a trespassing fence constructed by the Respondents, and awarded damages for trespass.
TORKORNOO (MRS), J. A.
Every proper story begins with the words ‘In the beginning’. And so must the just and proper resolution of a dispute be done by tracing the rights of parties with regard to the subject matter of the dispute from the beginning of their acquisition of those rights.
Any process of resolution that attempts to resolve a dispute without considering the landmarks of the rights from their estuary to the points of difference is likely to result in miscarriage of justice.
In the beginning of the transactions that led to this dispute, one late Opanin Kwadwo Ntow obtained proprietary interest in what was called Plot no 28 Block D Central Area, Sunyani.
From the planning scheme of the Town and Country Planning Department of Sunyani tendered as exhibit G in this suit, this plot measures 120 x 140 feet.
It shares a boundary with Plot no 27 Block D Central Area, which was used as a school by the Sunyani Municipal Assembly.
According to the undisputed facts, a toilet facility was built within the area plotted as Plot No 28 by the school authorities whose interest is in plot 27. This toilet was used by the occupants of Plot No 28 with leave from the school authorities.
When Opanin Ntow died testate, the executors of his estate called Opanin Kofi Nsowaah and Opanin Kwaku Okyere vested his interest in this land in his grandson Paul Mfum in 2008. Paul Mfum subsequently assigned his interest in plot no 28 to the Appellant in 2010. The Lands Commission Secretariat registered a lease in favour of the Appellant over plot 28 with its measurements of 120 x 140 feet without contention by anyone, and he was given a building/development permit by the Town & Country Planning Department of Sunyani to construct a four (4) storey building on this same dimension of land.
Meanwhile in 2008, the Sunyani Municipal Assembly entered into a build, operate and transfer agreement with Melcom Ghana Ltd, the original defendant in the action, and the 1st Respondent in this appeal (hereinafter called the 1st Respondent). The Assembly, as beneficial owner of plot 27 agreed to grant a lease to Melcom to build a shopping mall and office complex on plot 27. The 1st Respondent took steps to build a fence wall around what he understood to be Plot no 27 – the land with the school and toilet thereon.
In 2010, after obtaining his lease on plot 28, the Appellant sought a confirmation of the dimensions of plot 28 and complained that by building the fence wall around the toilets, Me