BENJAMIN QUARCOOPOME SACKEY vs. ISSAKA A. MUSAH [2015]DLSC6389

Date	2015-10-21
Suit No.	CIVIL APPEAL NO. J4/25/2014
Citation No.	[2015]DLSC6389

WOOD (MRS) CJ PRESIDING

ANSAH JSC

DOTSE JSC

YEBOAH JSC

BENIN JSC

GEORGE ESHUN ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT

SAM WOOD ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT

[2015]DLSC6389
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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>[SUPREME
COURT, 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">

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; DATE: 21ST OCTOBER 2015<o:p></o:p>

SAM
WOOD ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<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.&nbsp; 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.&nbsp; 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.&nbsp; 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.&nbsp; 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.&nbsp; 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.&nbsp;
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. 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>Following
the grant of the special leave, the appellant filed the following grounds of
appeal against the Court of Appeal judgment. <o:p></o:p><o:p>&nbsp;</o:p>Grounds of Appeal <o:p></o:p>1.&nbsp; The Court of Appeal erred in not considering
the effect of the Lease made between the Nikoi Olai Stool Family of Asere and
the Defendant/Respondent/Appellant herein dated 8th March 1986. <o:p></o:p>2.&nbsp; The Court of Appeal erred in not considering
the provisions of sections 13 and 46 (1) (f) of the Land Title Registration
Act, 1986 (PNDCL 152) which required the preparation of a list of all
registered interests in land and required the Chief Registrar of Land to
inquire from the Lands Commission, about transactions on l</main>