WRANGLER GHANA LTD vs. SPECTRUM INDUSTRIES PVT. LTD. , LANDS COMMISSION

The Plaintiff/Respondent acquired a parcel of land at Baatsona by leasehold in 2012 from Christian Besah Yao Ahiabor, who had acquired a larger tract including the parcel from Joseph Abli Charway, registered at the Deeds Registry. The 1st Defendant/Respondent/Appellant's grantors, children of Joseph Abli Charway, contested this interest. Both parties applied to register the same land at the Lands Commission. Despite a caveat by the Plaintiff, the Lands Commission registered the land in the name of the 1st Defendant and issued a Land Title Certificate. The Plaintiff sued for declaration of title, recovery of possession, damages for trespass, and injunction. The High Court dismissed the Plaintiff's claim; the Court of Appeal reversed this, granting relief to the Plaintiff. The Defendant/Appellant appealed to the Supreme Court.

JUDGMENT ASIEDU JSC:- INTRODUCTION: On the 19th day of December 2016, the Plaintiff/Appellant/Respondent (hereinafter referred to as the Plaintiff/Respondent) issued a writ of summons against the Defendant/Respondent/Appellant in the High Court, Accra for reliefs in the nature of a declaration of title to land, recovery of possession, damages for trespass and an order of perpetual injunction. After the hearing of the matter, the learned Judge of the trial High Court dismissed the Plaintiff/Respondent’s claims and entered judgment in favour of the Defendant/Appellant. Aggrieved by the decision of the trial High Court, the Plaintiff/Respondent appealed to the Court of Appeal which, after considering the appeal, set aside the judgment of the High Court and entered judgment for the Plaintiff/Respondent for the reliefs claimed by the Plaintiff/Respondent. As expected, the Defendant/Appellant filed an appeal on the 4th day of July 2022 before this Court against the judgment of the Co.....