KWATEI QUARTEY NYLON & 3ORS. vs. FIDEL JONAH

The Plaintiff, Fidel Jonah, claimed ownership of a parcel of land at Labadi, Greater Accra Region, based on a purchase from Mr. Frederick Kwei in 1992 and a registered Land Title Certificate. He had occupied the land openly for over fifteen years, operating a nightclub and later a hotel. The Defendants, children and administrators of the estate of the late Mr. Anang Quartey, disputed the Plaintiff's claim, asserting that their late father owned a larger parcel including the disputed land, and that the Plaintiff's title was obtained by fraud. They sought cancellation of the Plaintiff's certificate and recovery of possession. The High Court survey revealed the Plaintiff's registered land was distinct from the disputed land, which fell within the Defendants' site plan. Despite this, the High Court ruled in favor of the Plaintiff based on his long possession and estoppel against the Defendants' delay in asserting rights.

JUDGMENT DR. E. OWUSU-DAPAA, J.A. Introduction [1]. My Lords, the appeal before us emanate from the judgment of the High Court (Land Division), Accra dated 1st July, 2021. A crucial issue resolution of which would determine our agreement or otherwise with the trial judge is whether a party to land action can be granted declaration of title to a land different from the land clearly identified in the land title certificate relied upon by the claimant as the fulcrum of his case. An equally important issue presented by this appeal is whether a claimant whose land title certificate has been confirmed by uncontroverted survey report not relating to the exact disputed land can be granted title on basis of alternative plea of adverse possession. [2]. In this appeal, we shall retain the original description of the Appellants as Defendants since all of them mounted the appeal. Respondent shall simply be referred to as Plaintiff. The Plaintiff by a writ of summons and statement of claim ...