STEPHEN DIAWUO & ANOTHER v. INDUSTRIAL PROJECT GH. LTD.
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU, JA (PRESIDING)
- MARFUL-SAU, JA
- SAEED KWAKU GYAN, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court's decision in favor of the respondent and against the appellant's counterclaim was appealed. The appellant raised multiple grounds of appeal, focusing on alleged errors by the trial judge in evaluating evidence and claims of fraud. However, the appeal court found no merit in these grounds, upholding the trial court's judgment based on comprehensive evidence indicating that the respondent's acquisition of the land was lawful and properly documented. The appeal was consequently dismissed.
MARFUL-SAU, JA: - This appeal is taken from the judgment of the High Court sitting in Accra dated the 19th December 2008. The court entered judgment for the plaintiff who will be referred to as respondent in this judgment. The court then dismissed the counterclaim of the defendant who will be referred in this judgment as the appellant. The facts of the case are that the respondent registered two plots of land at the Land Title Registry and was issued the requisite Land Certificates. From the record the respondent was issued certificate numbers GA 20656 and GA 20568 for the two plots.
The certificates were issued on the 14th October 2004 and 5th November 2004 respectively. From the pleadings and evidence the respondent acquired the two plots from the Ocansey family. The respondent therefore claimed that if the appellant had any land in the area of dispute at all that land did not extend to his land as registered at the Land Title Registry. The respondent thus sued for declaration of title to the two plots of land which was fully described on the writ of summons, damages for trespass, an order for perpetual injunction and other reliefs as endorsed on the writ of summons.
The appellant on the other hand claimed it is the owner of a parcel of land in the area in dispute measuring 3.13 acres from Borino Prono and Company Limited. According to the appellant the acquisition was documented through a Deed of Conveyance dated 20 th February 2004. The said document was stamped as LVB 5153/04 and presented and plotted as No. AR/1721/2004. The appellant pleaded that the land it acquired had been registered as No. 73/61 by Messrs Desantos and Terrazo Limited who acquired it from the Okaichoe Annan Family. The appellant alleged that the respondent was fraudulent in his acquisition of the two Land Certificates and thus counter- claimed for declaration of title to the land, an order of perpetual injunction and order for the cancellation of the two certificates issued to the respondent. The counterclaim was dismissed hence this appeal.
In the Notice of Appeal filed on the 18th March 2009, the following grounds were formulated:-
‘’ a. The judgment was against the weight of evidence on record.
b. The learned trial judge erred for not evaluating the evidence of the Government Surveyor who was appointed by the Honourable Court.
c. The plaintiff/respondent’s grantor at all material times lacked the requisite capacity to grant the land in dispute.
d.The trial judge erred i