GH - WIREDU v. KOBIA-AMANFI

JUDGMENT OF AMPIAH J.A.

By an agreement entered into between the plaintiff and the Government of Ghana on 23 August 1976, the plaintiff obtained [p.519] a lease of plots of lands known as Nos. 12 and 14 in the North Dzorwulu Extension, Accra. The lease was duly registered as No. 3476/1976 and it was for 99 years. The defendant on the other hand claimed title to plots Nos.14 and 16 in the North Dzorwulu Extension, Accra on the basis of a grant made to him by one Afua Okyerewah who had obtained her grant from one Lomoh. Lomoh had obtained her grant by way of a gift from the Osu stool in May 1961. The only issue which arose from the pleadings and evidence for determination was, which of the parties had a better title to plot No.14, North Dzorwulu Extension, Accra? The learned trial judge of the Circuit Court, Accra on 22 December 1987 found for the plaintiff and declared title in the plot in him. He dismissed the defendant's counterclaim. This is an appeal by the defendant from that decision.

The learned trial judge found that by the gift to Lomoh in 1961, the Osu stool had divested itself of any interest in the land. He found also that in 1966, Lomoh sold her interest in the land to Afua Okyerewah. He accepted the evidence that Afua Okyerewah had sold her land to the defendant who had not succeeded in having his documents of title registered because the Lands Department had queried him. He then concluded:

“But since the defendant is claiming through Afua Okyerewah and Lomoh both of whom have registered documents on the plot, he will be deemed to be in possession of registered documents on the plot.”

These are findings which are amply supported by the evidence. If therefore the plaintiff obtained his grant of the same land in 1976, it was quite obvious he could not have had title to the same land. But the learned trial judge then posed the issue thus:

“What we are then left with to decide is whether or not Lomoh had any good title to the land to grant to Afua Okyerewah and if so, whether or not Afua Okyerewah also had any title to grant to the defendant. To resolve this, I believe it is pertinent at this stage to decide on the purported acquisition of the land in dispute among others by the Government of Ghana and its effect on this case.”

Relying on the Accra-Tema City Stool Lands (Vesting) Instrument, 1964 (E.I. 108) the judge came to the conclusion that by 1964, the whole of Osu lands had been vested in the Government of Ghana which alone had the a

JUDGMENT OF AMPIAH J.A.

WIREDU v. KOBIA-AMANFI

Areas of Law

JUDGEMENT