ZONGO NAA KUN-GARI (DECEASED) VS RUKAYATU USMANU & ANOR
2024
COURT OF APPEAL
GHANA
CORAM
- ANTHONY OPPONG, JA (PRESIDING)
- CYRA P. KORANTENG, JA (MRS)
- DR. ERNEST OWUSU-DAPAA, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case centers around a property originally owned by the late Abdulai Dagarti, which was sold by his half-sister and administratrix Hawa Awu alias Hajia Bawa to Rukayatu Usman. Usman's possession was challenged by the Dagarti family, leading to a series of legal proceedings. The sale was deemed invalid by both the Court of Appeal and the Supreme Court. Despite losing the case, Usman continued to occupy the property. The High Court dismissed the family's application for summary judgment, leading to an appeal which argued that Usman had no sustainable defense. The Court of Appeal overturned the High Court's decision, emphasizing that the respondent's claim of being a bona fide purchaser was invalidated and that adverse possession was not applicable in this case due to continuous legal challenges.
ANTHONY OPPONG, JA:
It is not in dispute that one Abdulai Dagarti (deceased) acquired a property described as H/No. E227/16, Maamobi, Accra. The said Abdulai Dagarti died intestate possessed of the said property on 23rd September 1981.
Upon the death of Abdulai Dagarti, his half-sister, Hawa Awu alias Hajia Bawa obtained letters of administration in respect of the estate of the late Abdulai Dagarti which included H/No. E227/16, Maamobi, Accra. In her capacity as the administratrix of the estate of Abdulai Dagarti(deceased), she sold the said property to Rukayatu Usman (1st defendant/respondent) to be referred to hereafter simply as respondent.
It is interesting to observe that Hajia Bawa attempted to show that the property was sold by her as owner thereof, alleging a gift made to her of the property by Abdulai Dagarti(deceased). I will refrain from commenting on the seemingly dual capacities by which Hajia Bawa purportedly sold the property as I deem that unnecessary as far as the determination of the instant appeal is concerned.
Assuming ownership of the property by the purchaser, the respondent through his son who acted as an attorney for her instituted an action at the circuit court against the late Zongo Naa Kun-Gari, the original plaintiff who happened to be the head of family of Abdulai Dagarti(deceased) and other tenants residing in the property for recovery of possession, among other reliefs.
After the trial of the case at the circuit court, the learned trial judge entered judgment in favor of respondent and held that respondent had legitimately acquired the property by purchase and was entitled to recover possession and made orders to that effect.
It must be noted that Zongo Naa Kun-Gari, the head of Abdulai Dagarti’s family who was sued as the principal defendant in the circuit court case died in the course of proceedings and since the action survived him, he was duly substituted by Reuben Danaah Danyi who appealed against the judgment of the circuit court dated 11th November, 2009 found at page 33 of the ROA.
The Court of Appeal found merit in the appeal and held
“We accordingly hereby reverse the trial judge’s decision and declare as invalid and null and void the alleged sale of House No. E227/16, Maamobi, Accra between Hajia Hawa Awu and the plaintiff. We accordingly hereby set it aside”
It is of importance to observe that the respondent on the strength of the circuit court decision recovered possession of the property; she actually e