April 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Bright Mensah JA, allowed an appeal by The Wrangler Ghana Limited from a High Court judgment that had favoured Spectrum Industries Pvt. Ltd in a land title dispute over a 1.99-acre parcel at Motorway East Industrial Area, Accra. Both parties traced title to the Charway family, but Wrangler relied on a 1988 deed of gift to Christian Besah Yao Ahiabor (registered under Act 122) and a 2012 lease, followed by a 2016 application for title registration and a caveat. Spectrum claimed a 2014 purchase from Charway’s children and obtained a land certificate despite Wrangler’s protest. The appellate court held Spectrum failed to prove fraud against Ahiabor and that the Lands Commission acted contrary to PNDC Law 152 by disregarding the caveat and not referring the dispute to the Adjudication Committee. It emphasized Act 122 registration as notice and applied nemo dat and vesting assent principles, rejecting an unsworn witness statement (Exhibit 9) as inadmissible. The court set aside the High Court judgment, declared Wrangler the lawful lessee, cancelled the respondent’s certificate, and awarded damages and costs.
BRIGHT MENSAH JA:
The instant appeal launched by the plaintiff/appellant herein [hereinafter simply referred to as appellant] is against the decision of the High Court [General Jurisdiction], Accra delivered 20/03/2020, which judgment went in favour of the 1st defendant/respondent [also hereinafter referred to as the respondent]. The judgment complained of, appears on pp 358-390 of the record of appeal [roa]. Per a notice of appeal filed with this court on 30/04/2020, the appellant gave the grounds of appeal that run as follows:
a) Judgment is against the weight of evidence.
b) The learned trial judge erred in law by admitting Exhibit 9 [witness
statement in suit No. EL/107/2014] in evidence and relying on same which occasioned a substantial miscarriage of justice to the plaintiff.
Particulars of error
i. That Order 38 rule 3G (1) of CI 87 provides that a witness
statement not put in evidence at a hearing held in public
is inadmissible.
ii. That the said witness statement (Exhibit 9) was not sworn
to, and neither was it put in evidence at a hearing held in
public rendering same inadmissible.
c) Further grounds of appeal to be filed upon receipt of record of
appeal. See: pp 391-393 [roa].
The writ of summons:
On record, the appellant initially caused the writ of summons to be issued in the registry of the High Court, Accra [Land Division] against the respondent only, claiming the reliefs as endorsed on the writ. See: pp 1-2 [roa]. A 14-paragraph statement of claim accompanied the writ that appears on pp 3-6 [roa]. Subsequently, the appellant successfully applied for, and joined the Lands Commission to the case as the 2nd defendant. Pursuant to an order of joinder made 27/07/2017, the writ was amended accordingly, to reflect the joinder. See: p. 182 [roa].
Now, in an amended writ of summons sealed on 13/01/2017 the appellant claimed against the respondent and the Lands Commission, the following judicial reliefs as appearing on p. 184 [roa]:
i) A declaration of title to all those piece of land situate and
being at Motorway East Industrial Area, Accra containing
an approximate total area of 1.99 more particularly
described in paragraph 4 of the amended Statement of
claim;
ii) Recovery of possession;
iii) Damages for trespass;
iv) An order of perpetual injunction restraining the defendant,
its agents, assigns, privies and any other person claiming
through it or whosoever describe from ever entering unto,
trespass