[1986]DLCA938 • December 11, 1986 • Court of Appeal
LARYEA vs. OFORIWAH
The dispute concerned a plot of land at Lartebiokorshie in Accra, acknowledged by both parties to form part of Sempe stool land. The plaintiff/respondent claimed that she purchased the land in about 1950 from the Sempe stool through the late Sempe Mantse, Nii Tetteh Kpeshie II, and his elders, paid the purchase price, was put into possession, and later obtained a deed of conveyance in 1976 to evidence the earlier sale. The defendant/appellant contended that the same land had earlier been granted to him by Kpakpo Moffat, Dzasetse of the Sempe stool, allegedly around 1946, with a receipt for customary drink issued in 1958. The plaintiff sued for declaration of title, damages for trespass, and injunction after the defendant entered the land and commenced building operations. Portion of judgment: “The dispute related to a piece of land at Lartebiokorshie in Accra... the plaintiff claimed to have bought the land from the Sempe stool through its occupant Nii Tetteh Kpeshie II and his elders; while the defendant averred that the same piece of land was granted to him by Kpakpo Moffat, Dzasetse of the Sempe stool.”
read moreJUDGMENT OF ABBAN J. A. The dispute related to a piece of land at Lartebiokorshie in Accra which land formed part and parcel of Sempe stool land, a fact which both parties acknowledged. Indeed the respondent (hereafter called the plaintiff) claimed to have bought the land from the Sempe stool through its occupant Nii Tetteh Kpeshie II and his elders; while the appellant (hereafter called the defendant) averred that the same piece of land was granted to him by Kpakpo Moffat, Dzasetse of the Sempe stool. The plaintiff sought a declaration of title to the said land. She also claimed damages for trespass and an order for injunction. I refer to the relevant portions of the amended statement of claim which read as follows: “(1) The plaintiff is the owner of all that piece of land as per plan attached. (2) The plaintiff was granted that land by the Sempe stool by a sale in 1950. (2A) In September 1976, a deed registered as No 4179/1977 was executed by the Sempe stool to evidence.....