Opokuah Vrs Nyamekye and Another (Civil Appeal 2020 of 2020) [2021] GHASC 72 (19 May 2021)

The dispute in this appeal was in relation to the ownership of a piece of land at New Achimota lying along the Nsawam-Accra Road. Both parties’ title deed documents are registered under the Land Registry Act, of 1962 (Act 122) but in addition, the grantor of the first defendant registered his title under the Land Title Registration Act, of 1986. The parties contested over the same piece of land, but the site plans in their respective title documents did not relate to the same land.

The court examined the composite plan and found that it showed that the larger portion of the site plan in the document of title of the plaintiff fell onto the Nsawam-Accra road with only a small overlap on the disputed land. It found that the site plan in the documents of title of the first defendant covered the disputed land as it exists on the ground. The court was satisfied that the evidence before it supported the findings of the trial judge that the documents of title of the first defendant are in respect of the land in dispute, whereas those of the plaintiff do not cover the disputed land.

The court subsequently found that the first defendant has demonstrated a better claim to the land and dismissed the appeal.