July 14, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Koomson JA, affirmed a High Court judgment arising out of competing claims to land at Atomic Hills Estate, Ashongman. The Appellant, a church, purchased approximately 0.98 acres from Raabshold Company Limited in 2013 after conducting searches and commencing a recreational center project. The Respondent claimed title through an auction sale supervised by the High Court, where the purchaser, Akwasi (Kwasi) Oppong, acquired the land and transferred it to him. The record showed that the land had been attached under a writ of fi fa issued in July 2010 and was later sold by the Deputy Sheriff in September 2014. Applying Order 45 Rule 6 and Rule 11 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the Court of Appeal held that alienations of attached property without leave of court are nullities and that the auction sale, being absolute, transferred the judgment debtor’s interest to the purchaser. The Registrar’s letter (Exhibit P) was deemed ineffective to set aside the attachment or sale. The Appellant’s appeal on the weight of evidence failed; the Respondent’s title was upheld and the appeal dismissed.
KOOMSON, JA
This appeal, brings into focus the effect of Order 45 Rule 6 and 11 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), on the unauthorized dealings with properties under attachment. It is an appeal from the decision of the High Court (Land Division), Accra, dated 26th July, 2019.
A brief facts of the case are that the Plaintiff/Appellant (hereafter called “the Appellant”) purchased a piece or parcel of land from a company called Raabshold Company Limited in 2013.
The Appellant contend that it did all diligent searches on the land and satisfied itself that the land was not encumbered and that it belonged to its grantor Raabshold Company Limited. It is the further contention of the Appellant that it took possession of the land, which measured about 0.98 acres, and initiated a multi-purpose Recreational Center on the land.
In 2014, the Defendant (hereafter called “Respondent’’) made a claim of ownership to the land on the ground that he had purchased the land at an auction sale supervised by the High Court. It is as a result of the adverse claim to the land by the Respondent, that caused the Appellant to institute an action at the High Court, Accra for the following reliefs:
A declaration of title to ALL THOSE plots of land known as plot Nos. Recreation Rec 4 within Sector A of the Atomic Hills Estate and situate and lying and being at Ashongman near Kwabenya in the city of Accra in the Greater Accra Region of the Republic of Ghana bounded on the North by worship 3 measuring 325.0 feet more or less on the South by plot No. H83C, H88D, H89D, measuring 23.4 feet more or less on the East by Flamboyant Street measuring 71,9 feet more or less on the West by Bamboo Street measuring 173.6 feet more or less and thus containing an approximate area of 0.98 or 0.40 hectares which said piece of land is more particularly delineated on the plan attached hereto and therein shown edges pink.
Recovery of possession of the portion of land currently being occupied by the Defendant.
A perpetual injunction restraining the defendants, their workers, assigns and privies from encroaching and trespassing on the said land.
Damages for trespass
Cost including Litigation Expenses
The Respondent also filed a counter-claim and asked for:
A declaration of title to all that piece or parcel of land situate at New Ashongman in the Ga East District in the Greater Accra Region containing an approximate area of 0.97 acre or 0.39 Hectare more or less and bounded on