The Financial and Economic Division 2 of the High Court presided over by Her Ladyship Afia Serwah-Botwe in Accra, on Thursday, November 21, 2019, gave judgment in favour of Alhaji Tony Towai Baba and Lotsu Amenyo in the matter of a disputed parcel of land at Oyarifa in the Ga East Municipality.
The said parcel of land; No. 1 Block 1 Section 143, measures 85.702 hectares (211.777 acres) and delineated on Registry Map No. 05/143/83 in the Land Title Registry of Victoriaborg, Accra, and on Plan No. 57/97.
It was leased to Princeton-Multi Purpose Estates Agency Limited for 99 years effective August 25, 1996 subject to statutory restrictions.
Background
On November 18, 2016, Alhaji Kadaga Kassimou initiated legal action against Alhaji Tony and Lotsu Amenyo claiming;
- Declaration of title to all that piece or parcel of land situate at Oyarifa, Ga East District in the Region containing an approximate area of 1.986 Acre(s) or 0.805 Hectare(s) more or less and bounded on the North by Lessor measuring 180.0 feet more or less, on the South by a proposed road measuring 200.0 feet more or less, on the North-East by a proposed road measuring 430.0 feet and 25.0 feet more or less respectively and on the South-West by a proposed road measuring 430.0 feet and 30.0 feet more or less respectively.
- General damages for trespass.
- Perpetual injunction restraining the defendants, their agents, assigns, privies, servants, workmen, and all manner of people claiming through them from entering and dealing in any manner with plaintiff’s land the subject matter of the suit.
- An order for demolition of any unauthorized structure constructed by the defendants on the plaintiff’s land.
- Costs including legal fees incurred by the plaintiff
Alhaji Kassimou claimed he acquired the parcel by deed of lease dated 30th October 2012 signed by the head and lawfully represented of Otopa We family and immediately constructed a fence wall around its perimeters.
He also claimed that his search conducted at the Lands Commission revealed that the land indeed belonged to his grantor who had obtained a High Court Judgment against a member of Kplen We Family (Nii Mensah Kodia a.k.a Nii Mensah Okpoti Kodia) and Sowatey Agbo in respect of a tract of land within which the disputed parcel falls.
According to Alhaji Kassimou’s claims then, various actions by the Kplen We Family, led by Nii Okpoti Massey then Family Head and Nii Boye Sowah, a principal elder, as well as by Nii Mensah Kodia, to set aside the judgment were dismissed by the High Court.
He also claimed that Alhaji Tony and Lotsu Amenyo with armed land guards broke his fence wall and started a building project despite his vehement protestations. Not even stern warnings from the police could deter the defendants and their land guards, he claimed.
Alhaji Tony and Lotsu Amenyo however argued in their defence that the disputed parcel of land registered at the Land Title Registry as No. GA 10468 was part of a larger tract of land owned by the Kplen We of La and Oyarifa and that Alhaji Tony first acquired 11 acres from the family in 2002 but was only given a site plan since payment was in instalment.
He also claimed that he constructed a fence wall around the parcel and left for Japan in 2003 only to return to a demolished wall in 2012. Notwithstanding, Alhaji Tony claimed he took Lotsu Amenyo and other people to the Kplen We family for land allocation and their respective searches came back with the confirmed registered interest of the Kplen We family.
He further argued that the various actions referred to were instituted against the named individuals in their respective personal capacities which never represented the interest of the grantor, the Kplen We Family.
Alhaji Tony said he reported to the Adentan Police when he found portions of his fence wall demolished in 2012 and the police subsequently invited the plaintiffs to submit their deeds and judgment plan allegedly obtained. The plaintiff however failed to do so.
Discounting claims that they had been warned by the police to desist from the land, defendants said they went to the Property Fraud Unit of the C.ID where the case is still pending.
The court presided over by Her Ladyship Afia Serwah-Botwe after evaluating the facts and evidence before the court, observed that:
- Plaintiff’s grantor [Otopa We Family] traces their ownership and land title only to the Judgment. Prior to the Judgment, there is nothing else pointing to long possession and ownership by Plaintiff’s grantor.
- It is apparent from the search report that beyond Judgment dated 13/12/2005 in favour of Otopa We Family, there are no other memorials. This is because the only memorial quoted is an instrument dated 1/2/2005 and even that defies logic. There is no other pointer to any long possession or ownership on the part of the Otopa We Family as is sought to be attested to in their evidence.
- Additionally, it is quite obvious, upon taking a close look at the land which is supposed to be the extent or identity of the land being claimed by the Otopa We that there are several inconsistencies per the Judgments and Certificate.
- In the same way, there are inconsistencies in the land being claimed by the Plaintiff
- The testimony of the witnesses leaves one even more confused with PW4 stating per the Police Report that the Plaintiff acquired 2 plots, PW3 stated 13 plots and PW5 (who witnessed the Plaintiff’s conveyance stated 3 acres. No explanation whatsoever is given for the inconsistencies either by the Plaintiff himself or his grantors.
Concluding that the Alhaji Kadaga Kassimou “woefully failed to satisfy the Court regarding his root of title and entitlement to the land in dispute and has at best left the Court with confusing and conflicting evidence”, Justice Afia Serwah-Botwe held as follows;
“After having assessed the evidence, I am satisfied that the Plaintiff has been unable to prove that his grantor had any land with respect to the land in dispute, to give him, neither has he been able to prove that the disputed land has been duly registered and plotted in the records of the Lands Commission in his favour.”
Justice Serwah-Botwe thus ruled that;
- Plaintiff is not entitled to any of the reliefs endorsed on the Writ of Summons.
- The Land Title Certificate Number GA 56375 VOL. 63, FOLIO 660 and dated September 14, 2018, in favour of Alhaji Kadaga Kassimou is declared invalid.
- The Land Title Certificate Number GA 54486 VOL. 63 FOLIO 623 dated February 15, 2018, in favour of Otopa We Family is declared invalid.
- The Lands Commission shall strike out from its records, Certificates Numbers GA 56375 and GA 54486.
- The cost of GHS10,000 to each of the Defendants against the Plaintiff.