Mills Vrs Djane [2022] GHAHC 107 (19 December 2022)

Mills Vrs Djane [2022] GHAHC 107 (19 December 2022)

Plaintiff failed to prove that the disputed land falls within the land granted to his grantor, Moufid El-Adas. The composite plan and surveyor's evidence established that the disputed land is part of Klanaa Quarter lands, not Nungua lands. Plaintiff's Land Certificate is void as his root of title is defective. Defendant proved possession and title from the rightful customary owners. Limitation and adverse possession do not apply as Defendant was in possession. Res judicata does not apply as the subject land is different. Plaintiff's claim is dismissed.

Citation
[2022] GHAHC 107
Parties
Plaintiff: Victor Odartei Mills; Defendant: Dr. Nii Kotey Djane
Court
High Court
Jurisdiction
Ghana
Judgment Date
19 December 2022
Procedural Posture
Land Dispute / Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Declaration of Title to Land, Recovery of Possession, Damages for Trespass, Perpetual Injunction, Limitation of Actions, Adverse Possession, Bona Fide Purchaser for Value, Estoppel (res Judicata)
Source Language
English
Land Law Civil Procedure Declaration of Title to Land Recovery of Possession Damages for Trespass Perpetual Injunction Limitation of Actions Adverse Possession +2 more

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Parties

Victor Odartei Mills

Plaintiff

Dr. Nii Kotey Djane

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to declaration of title to the disputed land
  2. 2 Whether the Plaintiff is entitled to recovery of possession, damages for trespass, and perpetual injunction
  3. 3 Whether the Plaintiff's title is statute barred by Limitation Act, 1972 (NRCD 54)

Ratio Decidendi

Plaintiff failed to prove that the disputed land falls within the land granted to his grantor, Moufid El-Adas. The composite plan and surveyor's evidence established that the disputed land is part of Klanaa Quarter lands, not Nungua lands. Plaintiff's Land Certificate is void as his root of title is defective. Defendant proved possession and title from the rightful customary owners. Limitation and adverse possession do not apply as Defendant was in possession. Res judicata does not apply as the subject land is different. Plaintiff's claim is dismissed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim for declaration of title, recovery of possession, damages for trespass, and perpetual injunction is dismissed.
  • Land Title Registry is ordered to expunge Plaintiff's Land Certificate from their records.