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The Supreme Court has declared Agri-Cattle Lakeside Estate Ltd as the legal owner of a 2,911.53-acre parcel of land situated at Katamanso in the Greater Accra Region.
In a unanimous decision, a five-member panel led by Justice Gertrude Torkornoo, the Chief Justice, the Court affirmed the Company’s ownership of the land covered by Land Title Certificate No. TD 0513. Other Justices on the panel were Justice Mariama Owusu, Justice Samuel Adibu Asiedu, Justice Yaw Darko Asare, and Justice Richard Adjei Frimpong. The judgement settled a protracted litigation involving the plaintiff, Tassah Tapha Tassah, who had claimed ownership of portions of the land based on a lease acquired in 2004 from the Kplen We Family of La.
The dispute began in 2017 when the plaintiff sued Agri-Cattle Lakeside Estate Ltd and four others, seeking a declaration of title to the land. According to the plaintiff, his lease was executed in 2007, and he had taken physical possession of the land by erecting temporary structures and planting crops. He claimed to have conducted a search at the Lands Commission in 2008, which revealed that the land was registered under a third party, Land and Housing Ltd. He, subsequently, attorned tenancy to Land and Housing Ltd but later discovered that the disputed land was owned by Agri-Cattle Lakeside Estate Ltd, which had been in its possession since 1974.
Agri-Cattle Lakeside Estate Ltd argued that it acquired the land from Black Watch Cattle Breeding Farms in 1974 and, subsequently, obtained a lease extension from the Nungua Stool in 1995. The Company secured a Land Title Certificate in 1996 and had been in undisputed possession of the land until the plaintiff’s claim. The case first went to the High Court, where Justice Merley Wood dismissed the plaintiff’s claim in November 2020, and upheld the counterclaim of Agri-Cattle Lakeside Estate Ltd.
Dissatisfied, the plaintiff appealed to the Court of Appeal, which reversed the High Court’s decision in March 2023, granting the plaintiff’s reliefs. Agri-Cattle Lakeside Estate Ltd, aggrieved by the Court of Appeal’s decision, appealed to the Supreme Court. The Supreme Court reversed the Court of Appeal’s decision and reaffirmed the title of Agri-Cattle Lakeside Estate Ltd to the disputed land.
The Court ruled that the plaintiff had failed to conduct reasonable due diligence before acquiring the land and could not claim to be a bona fide purchaser without notice. In its judgement, the court noted that records at the Lands Commission consistently showed that the land belonged to Agri-Cattle Lakeside Estate Ltd and that no transfer had been made to any of the plaintiff’s alleged grantors.
The judgement also elaborated on the doctrine of bona fide purchaser for value without notice, stating that purchasers must conduct thorough investigations to confirm the validity of titles before acquisition. This judgement, delivered on October 23, 2024, reinforced the principles of due diligence and proper record-keeping in land transactions. It highlighted the necessity of buyers ensuring the legitimacy of property titles to avoid disputes.
Dr. Prince-Joseph M.K. Ayiku, Managing Director of Agri-Cattle Lakeside Estate Ltd, expressed gratitude for the judgment and reiterated the Company’s commitment to enforcing the court’s decision. He assured homeowners of a secure and peaceful community, free from encroachments and disputes.
Source: GNA
