The Supreme Court has determined the rightful owner of 2,911.53 acres of land at Katamanso
The Supreme Court of Ghana has unanimously affirmed Agri-Cattle Lakeside Estate Ltd as the rightful owner of 2,911.53 acres of land at Katamanso in the Greater Accra Region.
The landmark ruling by a five-member panel, led by Chief Justice Gertrude Sackey Torkornoo, validates the company’s ownership based on Land Title Certificate No. TD 0513, issued from a grant by the Nungua Stool.
The case was initiated by Tassah Tapha Tassah, who claimed to have acquired the land in 2004 through a 99-year lease from the Kplen We Family of La, Accra.
Tassah stated that his search at the Lands Commission in 2008 revealed the land was registered to Land and Housing Ltd, prompting him to regularise his acquisition by attorning tenancy to the registered owner.
However, in 2013, Tassah discovered that Agri-Cattle Lakeside Estate held an undisputed title to the land since 1974 and had sold portions to third parties.
Despite asserting that he was a bona fide purchaser without notice of prior ownership, Tassah’s claims were dismissed by the High Court, a decision now upheld by the Supreme Court.
Historical context
Agri-Cattle Lakeside Estate Ltd acquired the land in 1974 through an assignment from Black Watch Cattle Breeding Farms.
The company formalised its title with a 50-year lease from the Nungua Stool in 1995, subsequently registering the land under Land Title Certificate No. TD 0513.
The estate has since sold portions of the land to third parties, reinforcing its longstanding ownership.
Legal Journey
The High Court ruled against Tassah, citing his failure to conduct adequate due diligence before purchasing the land.
The court rejected his claim of protection under the equity principle of a bona fide purchaser for value without notice, which safeguards buyers unaware of competing ownership claims.
Unhappy with the High Court’s decision, Tassah appealed to the Court of Appeal, which ruled in his favor on March 30, 2023.
The appellate court found that Tassah had taken reasonable steps to investigate the title and deserved protection as a bona fide purchaser.
Dissatisfied, Agri-Cattle Lakeside Estate escalated the matter to the Supreme Court.
The apex court reversed the appellate decision, emphasising that Tassah’s 2008 search at the Lands Commission clearly indicated the land was owned by Agri-Cattle Lakeside Estate.
The court also clarified that confusion over name changes — such as the transition from Agric Cattle Limited to Agri-Cattle Lakeside Estate — did not invalidate the company’s ownership.
A Victory for Justice
Dr. Prince-Joseph M. K. Ayiku, Managing Director of Agri-Cattle Lakeside Estate Ltd, described the judgment as a triumph of justice and a reaffirmation of the company’s commitment to delivering quality housing solutions.
The ruling brings closure to a protracted legal battle.
JKB/AE
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