Alpha Beta Education Centres Limited (Alpha Beta) has demonstrated unwavering determination and secured a decisive victory in a longstanding land dispute.
The Court of Appeal, after careful consideration, declared Alpha Beta as the rightful owner of a disputed parcel of land located at Akokofoto in South Odorkor, Accra.
In a unanimous judgment, the Court of Appeal overturned a previous High Court ruling that had granted title to Alpha Beta but barred the institution from recovering possession from trespassers. The appellate court’s decision empowers Alpha Beta to reclaim possession from all encroachers on the land.
The dispute centred on a sublease obtained by Alpha Beta from a private developer, who in turn was granted a lease by the Adam Kwartei Quartey family of Gbawe, acknowledged as the allodial title owners of the Akokofoto land since a 2006 High Court ruling against the Sempe stool. Despite this legal recognition, the Sempe stool had leased the land to other developers, leading to conflicts with Alpha Beta.
Numerous trespassers, including those who had constructed commercial and residential properties on the land, were named in Alpha Beta’s lawsuit. In this lawsuit, Alpha Beta sought injunctive relief, a legal remedy that would prevent the defendants from continuing their actions that were causing harm to Alpha Beta’s rights. The defendants, including the Sempe stool, denied Alpha Beta’s title and alleged fraud in its acquisition.
Previously, Justice Amo Yartey of the High Court had affirmed Alpha Beta’s legal title but controversially denied their claim for possession based on a misinterpretation of a 1963 Supreme Court case. Alpha Beta promptly appealed this decision.
The Court of Appeal’s panel, comprising Henry Kwofie JSC (Presiding), P. Bright Mensah J.A., and Janapare Bartels-Kodwo J.A., meticulously reviewed the case. They found errors in the High Court’s judgment and concluded that Justice Amo Yartey had misapplied legal precedent. Their decision reaffirmed Alpha Beta’s entitlement to possession, restoring faith in the fairness of the legal system.
In addition to granting possession, the Court of Appeal imposed an injunction preventing the Sempe stool and other defendants from interfering with Alpha Beta’s rights to the land. It also ordered the defendants to pay special damages of GHS 40,000 each. These special damages are a form of compensation for the specific financial losses or harm suffered by Alpha Beta due to the defendant’s actions. The court also ordered the defendants to pay costs totalling GHS 100,000 in favour of Alpha Beta. These costs cover the legal expenses incurred by Alpha Beta in pursuing this case.
This landmark decision by the Court of Appeal, a significant legal victory for Alpha Beta, carries immense weight. It marks a crucial step in the institution’s efforts to protect its property rights amidst complex land disputes in Ghana’s Greater Accra Region.
