July 8, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal of Ghana, per Justice Victor D. Ofoe with Justices J. Bartels-Kodwo and S. R. Bernasko Essah concurring, resolved a land title and authority dispute within the Anyigbe Clan of Agave involving Glory land Estates (1st defendant), the 2nd defendant, and the plaintiff. Glory land Estates bought land from the 2nd defendant, who claimed to be the clan head. The plaintiff asserted that the Awadali family within the Anyigbe Clan, headed by him, exclusively holds the power to alienate clan lands, relying on historic decisions including the 1957 Tongu District Native Appeal Court ruling and other judgments. Criticizing the High Court’s disregard of pleaded issues, reliance on personal knowledge, and introduction of an unpleaded usufructuary theory, the appellate court re-evaluated the record and found the plaintiff proven as head of the Awadali family and the Anyigbe Clan with alienation authority. The appeal was upheld; the trial judgment set aside; injunctive relief issued against the 2nd defendant; the 1st defendant ordered to attorn tenant to the plaintiff; and nominal damages and costs awarded.
VICTOR D. OFOE
This suit eventually became a tussle between the appellant who was the plaintiff at the trial court and the 2nd defendant who on his own application was joined to the suit to the original defendant, Glory land Estates, who became the 1st defendant. The 1st defendant bought a piece of land from the 2nd defendant who it believed was the lawful grantor of land in dispute. After the purchase the 1st defendant was confronted by the plaintiff who claimed ownership of a wider area including the land sold to the 1st defendant. What is the basis of plaintiff’s claim as disclosed by the pleadings?
The writ which was filed before the joinder of the 2nd defendant found at page 1 to 2 reads
1. An order for declaration of title to ALL THAT parcel or piece of land situate, lying and being between Dabala Junction and Township and opposite the Star Oil Filing Station directly which is the subject matter of suit and which forms part of the larger lands declared the Supreme Court of the Gold Coast Colon in the Suit titled CHIEF DOH & ADOGO VRS AFIANU, AGBLEDZORWU & AHIAKU as being Anyigbe Clan lands.
2. Recovery of possession of the land in dispute
3. General damages for trespass.
4. An order of Perpetual Injunction, restraining Defendants herein by themselves, their and each of their servants, agents, assigns, workmen and privies, from dealing with the land in dispute in any manner whatsoever and from disturbing the quite enjoyment of the same by Awadali Family.
5. Costs.
Then after the joinder we had the following endorsement on the writ (Refer to page 14 of the Record of Appeal):
1. Declaration of title to ALL THAT PIECE OR PARCEL of land situate, lying and being at Dabala Junction and Township and opposite the Star Oil Filing directly which is the subject of which is the land in dispute, which forms part of the larger tract of lands adjudged by the Supreme Court of Gold Coast Colony in the Suit titled CHIEF DOH & CHIEF ADOGO VRS AFIANU, AGBLEDZORWU & AHIAKU as Anyigbe Clan lands, bounded on one side by Tsila Clan lands, on the second side by Sevor Lands, on the third side by Avenor lands, on the fourth side by Mafi lands, on the fifth side by Fievie lands, and on the sixth side by the Volta River and also adjudged by the Tongu District Native Appeal Court – Sogakope on the 29th day of November, 1957 in the Suit titled HONU ADIGBLI & ANOR VRS AVAFIA AVASU II & ANOR as alienable exclusively by the Awadali Family of Agave of which the Plaintiff