By a 5-0 unanimous decision, the Supreme Court has declared Agri-Cattle Lakeside Estate Ltd, as the rightful owner of a parcel of land measuring 2911.53 at Katamanso, in the Greater Accra Region.
The court said that the evidence put before them showed that Agri-Cattle Lakeside Estate Ltd had a good title to land.
Agri-Cattle Lakeside Estate Ltd had prior to the legal tussle between it and Tasaah Tapha Tassah to obtain a court judgment declaring it as the bonafide owners of the land in 2009.
Tassah Tapha Tassah on the other hand is claiming ownership of the land, arguing that the he acquired the parcel of land in 2004 by lease from a supposed lessor by name Kplen We Family of La, Accra, for a term of 99 years and that the Deed of Lease was prepared for him by the said lessor in 2007.
It was on this premise that on May 10, 2017, Tasaah Tapha Tassah filed a suit against Agri-Cattle Lakeside Estate Ltd and four others at a High Court in Accra.
On November 13, 2020, the High Court presided over by Justice Merley Wood, a Court of Appeal judge, sitting with additional responsibility as a high court judge, dismissed the plaintiff’s case, against Agri-Cattle Lakeside Estate Ltd and upheld the defendant’s counterclaim as the legal owner of the land in dispute.
Dissatisfied with the decision of the high court, the plaintiff appealed against it at the Court of Appeal, Accra.
On March 30, 2023, a three-member Court of Appeal judges presided over by Justice Welbourne upheld the appeal of the plaintiff and set aside the high court judgment. The panel which had Justices Eric Kyei Baffour and Justice Prof. Anku-Tsede as members held that based on the facts and evidence on record, the plaintiff took steps to investigate the title of his grantors before acquiring same and that at the time the company obtained judgment in 2009, declaring the company as the owner of the land in dispute the plaintiff had acquired a vested right in the land in dispute.
The Court of Appeal, therefore, stated that the said judgment could not operate to extinguish the plaintiff’s vested right in the disputed piece of land.
Agri-Cattle Lakeside Estate Ltd appealed to the Court of Appeal decision at the Supreme Court.
On October 23, the five-member panel of the court presided over the Chief Justice, Justice Gertrude Araba Sackey Torkonoo, declared Agri-Cattle Lakeside Estate Ltd as the owner of the land.
BY MALIK SULLEMANA
The post Agri-Cattle Lakeside Estate rightful owner of land measuring 2911.53 at Katamanso – Supreme Court appeared first on Ghanaian Times.
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