SUSAN BANDOH v. DR. MRS. MAXWELL APEAGYEI-GYAMFI & ORS

J U D G M E N T

MARFUL-SAU, JSC: - This is an appeal against the unanimous decision of the Court of Appeal dated the 29th January 2015, which reversed the judgment of the trial High Court dated the 2nd December 2008. In this appeal, the plaintiff/ respondent/ appellant will be known as the appellant, while the defendants/ appellants/ respondents shall be referred to as respondents. The brief facts of the case are that appellant’s mother one Dr. Evelyn Vanderpuye acquired the land in dispute in the 1970’s from the Nungua Stool. After the said acquisition the mother went into possession and erected corner pillars on the land and in 1979 a lease was executed for the mother which was registered at the Land Registry as No. 1411/1992. According to Appellant they constructed a boys-quarters on the land and put caretakers on the land. The respondents however, entered the land destroyed the corner pillars, covered their reservoir and started developing the land hurriedly.

The respondents disputed the claims by appellant and contended the land in dispute did not belong to the Nungua Stool. They posited that the land in dispute had been adjudged by two judgments, by the Court of Appeal and the Supreme Court to belong to the Nii Ashong Mlitse family of Teshie, from whom the Respondents took a lease in 1997. According to the Respondents they registered their lease at the Land Title Registry and obtained their Title Certificate in 2001. The Respondents claim they went into possession after the grant, placed corner pillars, sand stones and blocks on the land ready to construct a school. It was also the case of the Respondents that the grantor of the Appellant, Nii Odai Ayiku IV, had been destooled in 1967, so he could not have granted a valid lease to the mother of Appellant. In effect the respondent claimed that the lease of the appellant was null and void.

On these facts the trial High Court entered judgment for appellant, however, on appeal to the Court of Appeal, the said judgment of the High Court was reversed. The Court of Appeal based its judgment on the decision of Banga v. Djanie {1998-99} 1 GLR 510, CA and the Supreme Court judgment in Republic v. High Court, Accra, Exparte Laryea Mensah {1998-99} SCGLR 360. The Court of Appeal in its judgment, the subject of this appeal, held that the two cases cited above had adjudged that Adjirigano lands are owned by the Nii Ashong Mlitse family, which family granted the land in dispute to the Respondents. The Court of A