BENJAMIN QUARCOOPOME SACKEY vs. ISSAKA A. MUSAH [2015]DLSC3263

Date	2015-10-21
Suit No.	CIVIL APPEAL NO. J4/25/2014
Citation No.	[2015]DLSC3263

WOOD (MRS) C.J. (PRESIDING)

ANSAH J.S.C

DOTSE J.S.C

YEBOAH JSC

BENIN JSC

GEORGE ESHUN ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT.

SAM WOOD ESQ. FOR THE PLAINTIFF/ APPELLANT/RESPONDENT.

[2015]DLSC3263
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													<main id="main" class="content" style="min-height: 60rem" >BENJAMIN QUARCOOPOME
SACKEY<o:p></o:p>vs.<o:p></o:p>ISSAKA A. MUSAH<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO. J4/25/2014&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: 21ST
OCTOBER, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>GEORGE
ESHUN ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SAM
WOOD ESQ. FOR THE PLAINTIFF/ APPELLANT/RESPONDENT.<o:p></o:p>

WOOD (MRS), C.J. (PRESIDING) ANSAH, J.S.C DOTSE,
J.S.C YEBOAH, JSC BENIN, JSC<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;
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JUDGEMENT<o:p></o:p>

</div>DOTSE JSC:<o:p></o:p>This is an appeal by the Defendant/Respondent/Appellant, hereinafter
referred to as the Appellant, who initially obtained judgment at the trial
Circuit Court but which judgment was reversed by the Court of Appeal following
an appeal by the plaintiff/Appellant/Respondent, hereinafter referred to as the
Respondent.<o:p></o:p>FACTS OF THE CASE<o:p></o:p>The respondent averred that, he acquired the disputed land from the
Asere Mantse Nii Akramah II in 1964 and was given a document. He also acquired
a Land Title Certificate in 1992.<o:p></o:p>The
appellant commenced building on the said land and the respondent reported the
appellant’s alleged unlawful building to the Accra Metropolitan Assembly and
the Land Title Registry. The appellant however continued building, and the
respondent sued the appellant in 1996 in the Circuit Court Accra for a
declaration of title to land, damages for trespass, an injunction restraining
the appellant from interfering with the land and recovery of possession of the
disputed land.<o:p></o:p>The
appellant on the other hand denied the respondent’s claims and challenged the
validity of the title certificate, alleging that the said certificate was
tainted by fraud. According to the
appellant, he acquired the land from the allodial owners of the land initially
from the Asere Mantse and when he was challenged, he then obtained a deed of
lease from the acting head of the Nikoi Olai Stool family of Asere Djorshei in
1986. The appellant alleged that he had been in effective possession since 1972
and that the respondent was aware of the appellant’s said possession and
registration of his interest before he allegedly registered his own at the Land
Title Registry. <o:p></o:p>The
appellant explained further that he actually acquired the land in 1972 from the
Asere Mantse Nii Akramah II, but no document was issued to him even though he
was immediately placed in possession. It was further alleged that in 1974, in
the absence of the substantive Mantse, the appellant was directed to the then
Asere elders of the stool, who executed an indenture in favour of the appellant
in respect of the land. In 1986 the appellant was challenged by the Nikoi Olai
family which claimed ownership of the entire area. <o:p></o:p>The
appellant thus obtained a fresh conveyance of the land from the said family and
registered the indenture at the lands department. <o:p></o:p>The
appellant thus counterclaimed for a declaration of title to the land, an order
that the respondent’s land title certificate was obtained by fraud, an order
for the cancellation of the respondent’s certificate and damages for trespass.<o:p></o:p>The
trial Circuit Court entered judgment for the appellant, on his counterclaim,
whilst the respondent’s claim was dismissed. An appeal by the Respondent,
therein appellant to the Court of Appeal resulted into the setting aside of the
Circuit Court judgment and entry of judgment for the respondent.<o:p></o:p>The
appellant felt aggrieved with the decision of the Court of Appeal which
reversed the judgment of the trial Circuit Court and was granted special leave
by this court on the 5th day of April 2011 to appeal against the
Court of Appeal decision.<o:p></o:p>It
is instructive to note that, in granting the appellant special leave to appeal,
the Supreme Court stated the following as the reasons why it granted the
special leave to appeal:<o:p></o:p>“It is our
view that the issues sought to be raised by the Applicant’s appeal concerning
the provisions of the Land Title Registration Act merit authoritative
consideration and determination by the court. Consequently, we are inclined to
grant the application for special leave to appeal and we hereby do so.”<o:p></o:p>