Plaintiff adduced evidence through her sister and lawful attorney; Margaret Adorkor Akuffo, who, after narrating the history of the acquisition of the land as pleaded, tendered a site plan made in 1955 by a surveyor called Geo D. Plange, in the name of Nitaku Holding Industries. Equitable versus legal title. She said her family, the Adutso Family of Osu, exercised rights of ownership over the land from that time to the time of the litigation. That ground of appeal also fails and is dismissed. Recording of Land Titles: A process by which proof of ownership of real property is filed in the appropriate county office or court to allow purchasers, creditors, and other interested parties to determine the status of the property interests therein. The cross examination of PW3 was brief and included the following: Q. It is settled law that a party who claims for declaration of title to land, injunction and possession must clearly identify the land.The rationale for this rule has been explained by Ollenu JSC in the case of Anane v Donkor [1965] GLR 188. After a full trial, the High Court, in a terse two paragraph judgment dated 4 December, 2010, held that the plaintiff failed to lead evidence to positively identify the land she claimed and that her star witness was not credible. However, if this court as a final appellate court comes to the conclusion that the findings are not supported by the evidence on record or that the court below based its judgment on a wrong proposition of law, it will set aside the findings and reverse the judgment. It would appear that when PW2 testified and exposed defendant as trying to suborn him, defendant lost all hope in his case hence his representative’s  testimony was porous and he was evasive throughout his cross examination. Another person settled on the land by plaintiff family was Ataa Laryea alias Masha Alahu who established a settlement and still lived there in the company of some moslems. In his statement of case in this court the defendant made reference to two issues he filed as additional issues for determination at the application for directions and contended that both the High Court and the Court of Appeal did not resolve them in their judgments. So an earlier inconsistent statement is not by itself evidence of the truth of its contents but may only be used to confront the witness and attack his credibility as to the veracity of his testimony. In any event, upon a closer reading of the pleadings it has become clear to us that the plaintiff did not limit her allegations of trespass against defendant to only a portion of the land she claimed which she described. In a Quiet Title Action, you basically issue a challenge to all parties wishing to lay a claim on our property to come forth and provide the proof of their claim(s). In sum the plaintiff led evidence of overt acts of possession and ownership of the land for about 100 years through the activities of her tenant farmers. On 3 June 1992 the High Court of Australia recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island). A. I never met him but I know he is the father of Doe Dzebu and Yao Dzebu. 1073, provides:. Part 5 of the Land Title Act creates a scheme of certification that has eliminated and replaced the traditional role of the . f.      The Court of Appeal’s interference with the findings of fact by the trial judge is unjustified in law. The land bridge disappeared . He said he refused defendant’s request as the truth was that Adutso family were owners of the land and used to come and celebrate Homowo at the village and he would drive them in his father’s Morris vehicle back to Osu.He the old Morris vehicle to members of defendant family who came to get him to testify in support of their claim. In such situations a court ought to accept the corroborated case of the opponent and reject the uncorroborated case of the party that called the witness unless there are compelling reasons to the contrary. Dr Graham who defendant called as his boundary owner in his testimony ended up corroborating the case of plaintiff to a large measure. The issues are as follows: “2. PROOF OF TITLE TO LAND: Ways of proving title/ownership of land; and whether a plaintiff can turn around to rely on acts of ownership and possession to prove his title to land where his evidence of traditional history fails Okoye Chukwudi J Jul 02nd, 2020. font size decrease font size increase font size; People were able to migrate from Siberia to North America across this land bridge. Documents of Title. Statutory Declaration Re: Proof of Identity . To unlock this lesson you must be a Study.com Member. Try refreshing the page, or contact customer support. To apply to register your land the following documents must be submitted: All rights reserved. . to have Afterwards trespass, is an injury to a possessory right and therefore, the proper plaintiff in an action for trespass to Land, is the person who was or who is deemed to have been in possession at the time of the trespass.”. In any case the Court of Appeal did not make an award of damages for trespass in its judgment on appeal before us. During the last ice age, the Bering Land Bridge connected Siberia and Alaska. Registration Law 1986 (PNDCL. Procedure: Order of injunction – Circumstances where the court will grant an injunction. All of the following would be considered evidence of marketable title EXCEPT a certificate of title by a real estate broker A document that protects against hidden risks, such as forgeries and loss due to defects in the title, and is subject to specific exceptions is called They just aren't sure that these were the first people to arrive. This petition for review on certiorari under Rule 45 of the Rules of Court assails the September 25, 2013 Decision 1 and the February 25, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. For example, it is o.k. However, defendant in his statement of case has relied on the evidence of PW3 concerning Quaye Ada and Adzaho to argue that defendant was in possession of the land in dispute since 1974 to the knowledge of plaintiff who did not take any step to challenge the possession.3 never said Adzaho village is on Adutso family land.His evidence is clear that Adzaho village is between Adutso land and Abokobi and we shall discuss this issue in greater detail when we deal with the plea of the statute of limitations. However, conditions were better on parts of the land bridge and people were able to survive there, although they were cut off from the rest of the world for thousands of years. See 2 See Huckabee v. Time Warner Ent. Traditional evidence. 4. At some point after moving onto the land bridge, people crossed over to Alaska. 1241. (Spouses Aguirre vs. Defendant’s counsel further referred to the cross examination of PW3 where he mentioned the establishment of Adzaho village and argues that it was as an act of adverse possession. It’s like a teacher waved a magic wand and did the work for me. Q. In this case, both parties live at Osu in Accra where they hail from. 105-273(13), the owner listed on the title shall submit an affidavit CV No. Furthermore, both parties in their pleadings identified Dr Graham as a common boundary owner to the North-West of the land each of them claimed and led evidence of ownership in respect of that land. e.     The Court of Appeal erred when it ascribed meaning to answer given by PW2 under cross-examination in the absence of any ambiguity on the record thereby adorning PW2’s evidence with cloak of credibility. At page 192 of the report the eminent jurist said as follows: “Where a court grants declaration of title to land or makes an order for injunction in respect of land, the land the subject of that declaration should be clearly identified so that an order for possession can be executed without difficulty and also if the order for injunction is violated the person in contempt can be punished. It applies only in relation to unregistered land. Plus, get practice tests, quizzes, and personalized coaching to help you These answers given by DW1 tend to corroborate the evidence of PW2 that there is Old Krobiwoho and New Krobiwoho which adjoin each other.That Xenyo Dzebu first settled at Old Krobiwoho which does not belong to Dr Graham, but they are now on adjoining New Krobiwoho which is on Dr Graham’s land.Whereas PW2 was clear in his evidence that Old Krobiwoho is on Adutso land, Dr Graham said “I don’t know.” He did not positively say that Old Krobiwoho is on Odartey Sro family land.So though DW1 says Odartey Sro is his boundary owner in one breath, he was unable to say that positively in respect of ownership of Old Krobiwoho land which he admitted under cross examination forms a boundary with his land. Ground G of the appeal has no merit and same is dismissed. Interestingly, the following question and answer ensued in cross examination of defendant’s representation by counsel for plaintiff. " Claim for Declaration of Title to Land: Effect of witnesses  giving conflicting history of root of title. Because there was less water in the ocean, coastlines throughout the world looked quite different from the way they look today, and many places that people and animals once lived are now under water. 52 Consequently, registration neither operates to confirm nor convey ownership over land which does not in fact exist. SEC. “It is settled that a Claim for trespass, is not dependent on a declaration of title. Reasons For Decisions Of Courts Must Be Provided On Time. 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