[2019]DLCA6346 • March 21, 2019 • Court of Appeal
MORGAN KWAME OPOKU vs. AKOSUA OSAA
The appellant, Morgan Kwame Opoku, acquired a 99-year leasehold interest in a parcel of land at Onyinase in 2005 through assignment from Dauda Larbi, who had leased the land from the Gbawe Kwatei family since 1977. The appellant registered his interest in 2009. The respondent, Akosua Osaa, claimed to have acquired the land originally from the Charbukwei family in 1984, developed it, and repurchased it in 2004 from the Gbawe Kwatei family after a court judgment affirmed their ownership. The respondent and her family had been in possession since 1986, living on and developing the land. The appellant sued for declaration of title, recovery of possession, damages, and injunction, but the trial court ruled in favor of the respondent, applying the Land Development Protection of Purchasers Act, 1960 (Act 2).
read moreSOWAH, J.A.: Introduction The Plaintiff/Appellant commenced an action at the High Court, Accra for a declaration of title to a piece or parcel of land at Onyinase opposite the Odogono Senior High School, recovery of possession, damages and perpetual injunction. The suit was originally commenced by the plaintiff/appellant against just the 1st Defendant/Respondent. However subsequently, one Augustina Akyea was joined as second defendant. However, after the trial court dismissed her counterclaim and decided in favour of the 1st defendant/respondent, the second defendant did not join the appeal. Hereafter the plaintiff/appellant and the 1st defendant/respondent will be referred to respectively as ‘the appellant’ and ‘the respondent’. Background Facts The Appellant, Morgan Kwame Opoku acquired a piece of land in 2005 through an assignment made to him by one Dauda Larbi (herein after called the Grantor). An indenture exhibit C, indicates that the grantor’s interest in the land...