2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this appeal from the High Court (Land Division 7) dated 28 June 2018, the Court of Appeal addressed a dispute over land at Abehenase between an entity that claimed a 2003 lease from the Ama Asor family and the head of the Nii Tsreku Ampaaku Boehia family, who asserted ownership. The Appellant relied on its 2003 lease and a 2011 Court of Appeal judgment involving the Ama Asor family, alleged demolition of its fence, harassment, and extortion, and sought declarations, injunction, damages, and possession. The Respondent denied these claims, counterclaimed title, and produced a GH¢5,000 receipt evidencing part payment. The High Court dismissed the Appellant’s case and granted the Respondent’s counterclaim. On appeal under the omnibus ground “against the weight of evidence,” the Court re-evaluated the record, held that the Ama Asor family lacked capacity to grant the land and declared title for the Respondent’s family. Recognizing the Appellant’s possession and part payment, the Court afforded equitable protection allowing continued occupation upon payment of the balance, and otherwise dismissed the appeal.
This is an appeal from the judgment of the High Court (Land Division 7) dated 28th June, 2018. The events leading to the appeal are recounted in this decision.
The Plaintiff/Appellant (‘the Appellant’), claims it acquired the land in dispute from the Ama Asor family of Abehenase. This acquisition was evidenced by a Lease Agreement dated 6th February 2003 and executed by Kotey Neequaye, the then head and lawful representative of the Ama Asor Family. Additionally, the title of Appellant’s grantor in the land was confirmed by a judgment of the Court of Appeal in suit no. H1/42/2011, dated 31st March, 2011.
Appellant asserted that, it put up a fence wall on the land which was demolished by Defendant and his family members without the consent or authority of the Appellant. Respondent harassed members of Appellant’s church and extorted from Appellant Gh¢5,500.00
In a bid to protect its interest in the land, Appellant on the 22nd day of December, 2014 caused a writ of summons and statement of claim to be issued in the High Court, Accra against Defendant/Respondent (in his Capacity as the head of Nii Tsreku Ampaaku Boehia Family of Abehenase for the following Reliefs:
1. Plaintiff claims against the Defendant a declaration that Defendant and members of his family have trespassed on Plaintiff’s land described in the schedule attached to the statement of claim.
2. An injunction restraining the defendant, his agents (sic), servants and assigns from interfering with plaintiff’s land
3. Damages for trespass
4. Recovery of Possession
The land in dispute was described by the Appellant per its statement of claim as:
‘ALL THAT piece of land situate lying and being at Abehenase-Accra near Accra and bounded on the North/East by proposed road measuring 201.39 feet more or less on the South/West by Lessor’s land measuring 204.88 feet more or less on the North/West by proposed road measuring 240.21 feet more or less and on the South/East by a Proposed road measuring 235.85 feet more or less containing an approximate area of 1.11 acre more or less’.
The Respondent filed a statement of defence and denied in entirety the claims of the Appellant. Per his statement of Defence and counterclaim, Respondent contended that the land in dispute forms part of a larger tract of land belonging to the Nii Tsreku Ampaaku Boehia family of Abehenase and not the Ama Asor Family. Moreover, the Appellant when confronted with this claim recognized the Respondent’s ownership and on 24th