RAHINATU MOHAMMED vs. AKATARI AZINGYA & AYUKA AZINGYA

The plaintiff claimed title as lessee of Plot No. 46, Dagmew Residential Area, Bolgatanga, under a 99-year lease granted in 1976 by the Lands Commission acting for the Government of Ghana. She said she commenced development but stopped due to illness and financial difficulties, and when she returned in 2010 the defendants, members of the Azingya family, obstructed her. The defendants contended that the land formed part of family land previously vested in the Government in trust and later revested in the family under the 1979 and 1992 Constitutions; that the plaintiff had breached lease covenants, lost her rights, lacked capacity, and that her action was statute-barred by their alleged adverse possession since 1985. Portion of judgment: “The plaintiff commenced an action... claiming, inter alia, a declaration that plaintiff is the bona fide owner of the disputed land and perpetual injunction...” and “The defendants’ position was that; the disputed land has since reverted to their family as original owners... plaintiff forfeited any rights...”

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: This is an appeal against the Judgment of the High Court, Bolgatanga, delivered on 14th December 2018, dismissing the Plaintiff’s action and defendants’ counterclaim for want of capacity, at the end of a full trial. The plaintiff/appellant (referred to hereafter as plaintiff), prays this Court to reverse the judgment of the trial Court, and enter Judgment in her favour against defendants/respondents (referred to hereafter as defendants). BACKGROUND FACTS We set out the relevant matters which have given rise to the instant appeal. The plaintiff commenced an action against defendants on 15th July 2013 claiming, inter alia, a declaration that plaintiff is the bona fide owner of the disputed land and perpetual injunction to restrain defendants from the said land. Per the pleadings, plaintiff traced her root of title to a 99-year lease granted to her by the Lands Commission, acting for and on behalf of the Government of Ghana, in 19...