Supreme Court Confirms Lakeside Estate as Legal Owner of 2,900 Acres at Katamanso

The Supreme Court has definitively ruled that real estate company Lakeside Estate Limited is the rightful owner of 2,900 acres of land at Katamanso in the Greater Accra Region.

In a unanimous decision, a five-member panel led by Chief Justice Gertrude Sackey Torkornoo upheld an appeal by Lakeside Estate, reversing a Court of Appeal ruling that had previously favoured Tassah Tapha Tassah. The apex court restored an earlier High Court decision, which confirmed Lakeside Estate’s ownership.

The Supreme Court determined that Lakeside Estate had validly registered and maintained ownership of the land since 1974, predating the respondent’s (Tassah’s) acquisition in 2004. It found that Tassah was aware of Lakeside Estate’s prior interest when he obtained the land lease from the Kpen We Family of La.

“The evidence confirms that the 5th appellant (Lakeside Estate) holds a valid title to the disputed land,” the court noted in its ruling authored by Justice Samuel Kwame Adibu-Asiedu. The panel also included Justices Mariama Owusu, Yaw Darko Asare, and Richard Adjei-Frimpong.

• A 2008 search at the Lands Commission revealed that Agric Cattle Limited (now Lakeside Estate Limited) held legal title to the land since 1974.
• Tassah’s assumption that Lakeside Estate had no valid claim was unfounded, as records showed Agric Cattle Limited had rebranded as Agric Cattle Lakeside Estate in 1995.
• The Court of Appeal had erred in inferring that Lakeside Estate lacked ownership due to a name discrepancy.

In 2007, Tassah sued Lakeside Estate, seeking a declaration of title and possession of 0.29 acres within the larger 2,900-acre tract. He argued that his 2004 lease and subsequent registration with Lands and Housing Limited vested him with ownership rights.

The High Court dismissed his claim in 2020, citing his failure to verify the root title properly. However, the Court of Appeal overturned this decision in 2023, ruling that Tassah had taken sufficient steps to establish his claim under the equity principle of bona fide purchaser for value without notice.

The Supreme Court’s decision conclusively nullifies the Court of Appeal’s judgement, affirming that Tassah had no legitimate claim to the land.

The ruling underscores the importance of thorough due diligence in land transactions and reaffirms the authority of registered titles in resolving disputes. Lakeside Estate Limited retains full ownership of the Katamanso land, putting an end to the protracted legal battle.

Source: Graphiconline