2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from a land dispute over Plot S7 in the Musuli resettlement area near New Fadama, Accra. The church plaintiff claimed title via a 1987 sub-lease from Musuli elders following a 1969 government grant; the defendant’s family traced occupation to resettlement allocations to their grandfather, Papa Amuzu, with a swish house and a shrine maintained by Samuel Armah Mensah (“Armah Rasta”). The High Court initially granted the church title and injunction. After a motion to set aside and joinder by Ernestina A. Mensah and Rita Annang, the High Court found the church’s claim to recovery statute-barred, recognized adverse possession, and granted title to the claimant. On appeal, the Court of Appeal (per Senyo Dzamefe, JA, with Agbevor, JA and Dodoo, JA concurring) upheld the findings: the 12-year limitation under NRCD 54 had run, the church acquiesced and laches applied, res judicata did not bar the claimant, and the claimant had capacity under exceptions to Kwan v. Nyieni. The appeal was dismissed in its entirety.
DZAMEFE, JA
The plaintiff/appellant hereinafter referred to as the plaintiff issued this writ of summons against the defendant/respondent also referred to as the defendant in the High Court, Land Division, Accra for the following reliefs;-
1. Declaration of title to the land in dispute measuring approximately 0.14 acres and known as S.7 located at Musuli near Nigh market, Fadama.
2. An order of perpetual injunction restraining the defendant whether by himself, assigns, representatives licences for whatsoever from intermeddling with the land aforesaid.
3. Any other or further order(s) as the court may deem fit.
The plaintiff’s case is that they are a church operating in Ghana and internationally. That the land in issue originally formed part of a lease executed on 10th September 1969 between the Government of Ghana acting per Maurice Kwasi Jones, Snr. Lands Officer and the Elders of Musuli Community of Musali village in Accra represented by Charles Kwame, Jonathan Codjoe Cobblah, Joseph Alottey Akwei and Lartey Quafio.
That by the lease aforesaid the Government of Ghana devised all that piece of land containing an approximate area of 19.06. acres situate and lying and being at North Kaneshie resettlement area and gave the measurements (Para 4). Plaintiff avers that the said lease No.AC5670A/09 has a Land Registry No.16/09/1969
Plaintiff avers further that, acting per its registered trustees obtained a lease of the land in dispute on or about 20th June 1987 from the elders of the Musuli Community of New Musuli, a suburb of Accra acting per its lawful representatives and head of the Lartey Quafio family.
Plaintiff said the land is located at Musuli near the night market, Fadama and is covered by a duly executed lease executed for 99 years and made between the lessor and the representatives of the plaintiff herein and measured approximately 0.14 acres and known as plot No.57 and more particularly described in plaintiff’s lease document and site plan.
The plaintiff’s say it has not developed the said land for years but is now about to do so but for the defendants intermeddling with same, wherefore they issued this writ of summons praying for their reliefs.
The defendant in his defense and counterclaim averred that his grandfather by name Papa Amuzu was the bonafide owner of the land in issue since 1967 and their family has always been in occupation of the property prior to the purported lease to the plaintiff. That prior to that purported lease to