[2024]DLCA17297 • February 8, 2024 • Court of Appeal
HENRY CHARLES OFORI DARKO vs. PAPA YAW (DEVELOPER)
The appellant, residing in Oman, claimed ownership of a parcel of land at Afienya Wusah-Korpe through a 99-year lease dated May 24, 2011 from Nathaniel Narh Wusah, head of the Wusah family, with consent of principal family members. He conducted a search at the Lands Commission indicating no recorded transactions affecting the land and obtained a permit to construct a residential building. The respondent, however, claimed ownership through the Hiowe Gblaka Makpimnya Family of Shai, with a lease dated May 2013. The respondent had previously been affirmed ownership by the High Court, Tema, in 2014. The dispute arose when the respondent fenced and began developing the land, leading to the appellant's suit for declaration of title, recovery of possession, damages, and injunction.
read moreJUDGMENT Ackaah-Boafo, JA i. Overview: [1] To some, this is a small matter not worthy of litigation, but to Mr. Ofori-Darko, the Plaintiff/Appellant who lives in Oman in the Middle East, it is very important. This matter began as a dispute at the High Court, Tema over the ownership of land said to be situated and “lying and being at Afienya Wusah-Korpe”. It has now come to this court as an appeal from the dismissal of the action by the High Court. The primary question for resolution on this appeal is whether the learned trial judge erred in dismissing the suit and as contended by the Appellant, whether the judgment is against the weight of evidence. [2] It is noted that the Writ of Summons which has resulted in this appeal was filed on September 11, 2014 with the following reliefs; A. Declaration of title to all that piece of land situate, lying and being at Afienya Wusah-Korpe and more particularly described at paragraph 3 of the statement of claim. B. Recovery of Possessio...