MATILDA OFOSU vs. SAMUEL OWUSU [2002]DLCA6505

Date	2002-06-27
Suit No.	CIVIL APPEAL NO. 17/2001
Citation No.	[2002]DLCA6505

BROBBEY J.A. (PRESIDING)

ARYEETEY J.A.

ADINYIRA J.A.

[2002]DLCA6505
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >MATILDA
OFOSU<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>SAMUEL OWUSU<o:p></o:p>(DEFENDANT/RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. 17/2001 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 27TH JUNE, 2002<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
115%;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">BROBBEY J.A. (PRESIDING),
ARYEETEY J.A., ADINYIRA J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;mso-outline-level:1;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ARYEETEY,
J.A. <o:p></o:p>A
background to this appeal is as follows: In 1966 the defendant/respondent who
lived in Sunyani applied to the Lands Secretariat in Kumasi for a plot of land
to be allocated to him. He was successful. On 22nd March, 1966 the Senior Lands
Officer, of Lands Secretarial responded positively as follows: <o:p></o:p>"SUNYANI — PLOT NO. 10 AREA NO. 6
<o:p></o:p>I have the honour to inform you that I
am prepared to recommend the grant of a Lease of the above mentioned plot to
you on the following terms and subject to the approval of the Chief Lands
officer:— <o:p></o:p>Rent - ¢33.78 per annum <o:p></o:p>Term - 99 years from the date right of
entry is granted <o:p></o:p>User - Residential <o:p></o:p>Building Covenant — To commence
developments within one year and complete within two years of the date of the
Lease. <o:p></o:p>The Lease will include such other
covenants on the part of the Leases of land of this nature. These provisional
proposals are, of course subject to the necessary agreement being entered into
between Government and yourself, and on that understanding I
shall be obliged to have your understanding of these terms." <o:p></o:p>Even
though there is no evidence that the respondent entered into a formal lease
agreement with the Government of Ghana, he went ahead and built on part of the
land which was to be granted to him by a formal lease agreement as anticipated
in the letter appearing at page 140 of the record of appeal. He organized a
backyard garden on the remainder of the plot which the acceptance letter
described as “PLOT NO. 10 AREA NO. 6”. The site plan covering the land to be
allocated to the respondent is found at page 135 of the record of appeal and it
gives the dimensions of the plot as 130 feet by 135 feet. It is not at all
clear from the evidence whether the respondent limited his occupation of the
land to the area permitted by the site plan appearing at page 135 of the record
of appeal. We would have to look at the limits of his occupation of the land
later in this judgment. <o:p></o:p>In
December, 1987 the plaintiff/appellant also applied to the Regional Lands
Secretary of the Lands Commission Secretariat for "building plot situated
at anywhere within the Sunyani township" to put up a house for herself and
family. Before a building plot was allocated to her the area, which contained
the plot of the respondent was re-demarcated and a new site plan was prepared.
It renamed the respondent's plot as 10A and directly adjacent to it we have the
newly created plot no. 10B. The new site plan appears at page 131 of the record
of appeal. As it turned out Plot No. 10B was the plot that was allocated to the
appellant. Even though there is no formal lease agreement between the appellant
and the Government of Ghana in respect of the plot the appellant applied for
and obtained a building permit to develop the land. It is worthy of note that
the building permit, which appears at page 129 of the record of appeal states
in no uncertain terms that "this permit does not imply or confirm the
right or title of the applicant of the land or building comprised herein".
Armed with the building permit the appellant went to the plot to commence her
building project only to be confronted with opposition from the respondent that
plot no. 10B was part of the plot which had been allocated to him and upon
which his building stood. The Sunyani District Statutory Planning Committee
made attempts to settle the dispute about ownership between the parties without
success. The appellant took the case to the Sunyani Community Tribunal where by
her amended writ of summons she claimed the following reliefs against the
respondent: <o:p></o:p>(a)
Declaration of title of A ownership, recovery of possession to Plot No. 10B,
West New Town, Sunyani <o:p></o:p>(b)
A declaration that the defendant is bound by the decision or settlement of the
Sunyani Statutory Planning Committee in favour of the plaintiff for the
recovery of possession and title to the said Plot No. 10B, West New Town,
Sunyani. <o:p></o:p>