May 9, 2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision concerns a land dispute over two plots at Odorkor, Accra purchased by Solomon Mason from the administrators of the estate of Grace Fofo Nettey, with title registered and possession taken through his attorney, Beatrice Lamptey. The Circuit Court declared Mason’s title but denied recovery of possession and a perpetual injunction, instead granting the Defendants recovery and injunctive relief, based on laches and adverse possession raised sua motu. On appeal, Owusudapaa JA, with Dzamefe JA and Pokuacheampong JA agreeing, held that the trial judge erred by crafting unpleaded defences and misapplying equitable doctrines. The Court emphasised that Mason promptly protested, involved the Accra Metropolitan Assembly, and that the Defendants’ construction was trespass rather than adverse possession. Applying limitation statutes by analogy, the Court found the twelve‑year period had not run, and equitable laches was not established. The Court ordered recovery of possession and a perpetual injunction for Mason, dismissed the Defendants’ counterclaim, declined damages for lack of proof, and awarded costs to the Appellant.
DR. E. OWUSUDAPAA, J.A.
Introduction
[1]. My Lords, the appeal before us emanates from a Judgment of the Circuit Court, Accra delivered on the 14 th day of February, 2008. In this rendition we shall refer to the Plaintiff/Appellant simply as Plaintiff and the 1 st Defendants/Respondent simply as Defendant. In this appeal we are presented with the crucial question of the relationship between the equitable doctrine of laches and statutory adverse possession. An implicit invitation is extended to us by controversy in this appeal to make a determination of relevance of analogy from Statute of limitation in determining the threshold of delay that would suffice to disentitle a legal owner of immovable property from equitable remedy of injunction on ground of laches.
[2]. By his writ against the Defendants the Plaintiff seeks:
(a) Declaration of title to all that piece or parcel of land at Odorkor, and bounded on the North by T. Adofo Addo's land measuring 100feet more or less, on the South by Vendor's land measuring 100 feet more or less on the East by a proposed road measuring 160 feet more or less, on the West by Vendor's land measuring 160 feet more or less and containing an approximate area of 0.36 acre more or less.
(b) Recovery of Possession.
(c) Perpetual injunction restraining the Defendants, their agents, privies, assigns, servants, personal representatives, successors and all those claiming through the Defendants from entering or, dealing in any way adverse to the interest of the Plaintiff in the land or in any way interfering with the Plaintiff's quite enjoyment of the land.
(d) Damages for trespass".
[3]. The Defendant on the other hand counterclaimed for:
"(a) of title to all that piece or parcel of land situate, lying and being at Odorkor with 5 Chamber and hall on it.
(b) Recovery of possession thereto.
(c) Damages for trespass.
(d) Further or other reliefs as in the circumstances may be just including in particular perpetual injunction restraining the Plaintiff whether by himself, his servants, assigns, agents, workmen, whomsoever or otherwise howsoever from interfering with the Defendant's ownership, possession and occupation of the land in dispute."
Factual Background
Plaintiff 's Case
[4]. We will narrate the facts as presented by the Plaintiff as reflected in his pleadings.
The Plaintiff, a resident of the United States of America, claims ownership of a specified parcel of land located at Odorkor, Accra. The land is de