Ebenezer Amartey -vrs- Daniel Pinto [2023] GHACA 6 (16 February 2023)

Ebenezer Amartey -vrs- Daniel Pinto [2023] GHACA 6 (16 February 2023)

The plaintiff failed to prove valid title to the disputed land as his lease was unregistered, obtained during litigation, and not supported by evidence of authority from Ashiaman Divisional Council or Tema Traditional Council. The defendants established long possession and root of title from TDC. The trial court erred in relying on the plaintiff's unregistered lease and in its findings on the identity and extent of the land. The appeal is upheld, the plaintiff's claims are dismissed, and judgment is entered for the defendants on their reliefs.

Citation
[2023] GHACA 6
Parties
Plaintiff/respondent: Ebenezer Amartey; Defendant/appellant: Daniel Pinto; Defendant/appellant: Joyce Arthur
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
16 February 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed. Judgment of trial court set aside. Judgment entered for defendants/appellants.
Legal Topics
Title to Land, Declaration of Title, Recovery of Possession, Perpetual Injunction, Counterclaim, Burden of Proof, Registration of Land Documents
Source Language
English
Land Law Civil Procedure Title to Land Declaration of Title Recovery of Possession Perpetual Injunction Counterclaim Burden of Proof +1 more

Case Brief

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Parties

Ebenezer Amartey

Plaintiff/respondent

Daniel Pinto

Defendant/appellant

Joyce Arthur

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff acquired valid title to the disputed land from Ashiaman Divisional Council in 2006
  2. 2 Whether the plaintiff's land shares boundary with the defendants' land or forms part of the same plot
  3. 3 Whether the plaintiff's lease and supporting documents confer legal title

Ratio Decidendi

The plaintiff failed to prove valid title to the disputed land as his lease was unregistered, obtained during litigation, and not supported by evidence of authority from Ashiaman Divisional Council or Tema Traditional Council. The defendants established long possession and root of title from TDC. The trial court erred in relying on the plaintiff's unregistered lease and in its findings on the identity and extent of the land. The appeal is upheld, the plaintiff's claims are dismissed, and judgment is entered for the defendants on their reliefs.

Court Disposition

Appeal allowed. Judgment of trial court set aside. Judgment entered for defendants/appellants.

Orders

  • Plaintiff's claims for declaration of title, recovery of possession, and injunction are dismissed.
  • Defendants' counterclaim for declaration that the land forms part of Okoe Pinto's estate is granted.