TISMARK INJA v. TINA DEHEER & ANOTHER

AMMA A. GAISIE (MRS.) J.A

(1.) This appeal is against the judgment of the High Court (Land Division) Accra, dated 21st October, 2016 in which the High Court entered judgment for the Plaintiff/Respondent as follows:-

i) Declaration of title to parcel No. 75 Block 2 Section 004, being House No 9, 2nd Close, Airport Residential Area, Accra.

ii) Recovery of possession.

iii) Cost of GH¢10,000.00.

(2.) Dissatisfied with the judgment of the High Court, the Defendant/Appellant issued out a Notice of Appeal under the following grounds:

a) That on the totality of the pleadings, affidavit and all the processes before the Court, the conclusions reached by the learned trial judge were contrary to law and against the weight of evidence.

b) The learned trial judge erred in law when after correctly holding that the state confiscated the subject property and vested it in itself and that President J. A. Kufuor acted under a non-existing law (Section 3 and 4 of PNDCL 325 which was repealed by the Statute Law Revision Act, (Act 543), when it purported to de-confiscate it, he went on to rely on irrelevant matters to give effect to the unlawful act of de-confiscation.

c) That the decision of the Court upholding the de-confiscation is per incuriam the binding decision in Civil Appeal No.14/36/2014, entitled THE REGISTERED TRUSTEES OF AFRIKANIA MISSION –VRS- MAJOR QUARSHIE (RTD.) (SUBSTITUTED BY MRS MARY QUARSHIE) dated the 2nd December, 2015 which was on all fours with the case in issue.

d) That the learned trial judge decision upholding the validity of Land Title Certificate No. GA31413 offends the statutory title to the subject property vested in the state by the confiscation.

e) The Court erred in declaring title in the Plaintiffs in the face of evidence that the property was confiscated by law and the admission that the confiscation extinguished any title of the Plaintiff in the property.

(3.) The Reliefs the Appellant seeks from the Court of Appeal are: -

a) An order reversing the judgment of the High Court.

b) A further order reversal of the costs awarded.

PLAINTIFF’S CASE

(4.) In his Amended Statement of Claim filed on 5th March, 2014, pursuant to leave of the Court dated 28th February, 2014, it is the Plaintiff’s case that he is the owner of parcel No 75 Block 2 Section 004 being House No. 9, 2nd Close, Airport Residential Area, Accra,(the property) having acquired it by a deed of assignment dated 27th June, 1978 made between him and one Emmanuel Richard O