[2014]DLCA2793 • June 19, 2014 • Court of Appeal
GHALIB KWAME SANGARI vs. OCTAVIA OKU, STATE HOUSING COMPANY LTD. AND THE CHIEF REGISTRAR OF LANDS,
The plaintiff claimed ownership of Plot No. D.373 at Dansoman Estate, Accra, based on a 2001 lease from the State Housing Company (2nd defendant) and prior possession granted by the Amissah family before government acquisition. The 1st defendant claimed title based on an earlier 1974 lease from the State Housing Company and prior occupation, supported by registration of title. The plaintiff's registration was refused by the Chief Registrar of Lands (3rd defendant) due to the 1st defendant's existing title. The plaintiff alleged the 1st defendant's title was invalid and sought cancellation of the 1st defendant's Land Title Certificate and damages. The 1st defendant counterclaimed for declaration of ownership and recovery of possession.
read moreKUSI-APPIAH, J.A.: This is an appeal against the judgment of the High Court (Fast Track Division), Accra, dated 31st March, 2011 per S.K.A. Asiedu J., by which the learned Judge dismissed the plaintiff’s action and decreed title in the disputed land in 1st defendant/respondent’s favour against the plaintiff on her counterclaim. The trial judge then made an order of perpetual injunction against the plaintiff, his agents, servants, privies, assigns and all others claiming through him from interfering with or remaining on the disputed land. He also directed the plaintiff to remove whatever structure he had placed on the subject property. The trial judge then awarded damages in the sum of GH¢1,200.00 in 1st defendant’s favour against the plaintiff. Finally, he awarded costs of GH¢800.00 against the plaintiff in favour of Dan Oku, previously the 5th defendant. A brief summary of the events culminating in this appeal will certainly help us appreciate matters. By an amended...