[2019]DLCA7800 • April 29, 2019 • Court of Appeal
RICHARD SENCHERY (A.K.A. NANA BAFFOUR SENCHERY) (PLAINTIFF/APPELLANT) vs. KWABENA AGYEI AND NANA OSEI BOSOMPIM (DEFENDANTS/RESPONDENTS)
The plaintiff purchased two building plots (Nos. 134 A and 134 B, Block 'R', Adako Jachie near Kumasi) from the 2nd defendant (Chief of Adako Jachie) and was given allocation papers and a site plan. Upon attempting to develop the land, the plaintiff was stopped due to a boundary dispute between the Adako Jachie Stool and the Kwamo Stool. The land was adjudged to belong to the Adako Jachie Stool. The 1st defendant claimed to have acquired the same plots from Richard Wireko, who had a lease from the Kwamo Stool. The plaintiff alleged that the 2nd defendant had also leased the land to the 1st defendant despite having sold it to the plaintiff, leading to the dispute.
read moreMARIAMA OWUSU, J.A. This is an appeal against the decision of the Circuit Court, Kumasi dated the 10th of March, 2016. In the said judgment, the trial court held amongst other things as follows: “That is why the court cannot declare that plot Nos. 134 ‘A’ and 134 ‘B’ are the properties of the plaintiff. The plaintiff’s claim (a) falls as the court finds that 2nd defendant’s allocation of the disputed plots has no effect in law. With relief (a) crumbling, all the other related reliefs (b), (c) and (d) fall as well and therefore the court rules that the plaintiff is not entitled to his reliefs. The court has been silent on the plaintiff’s claim that 1st defendant destroyed the disputed plots. 1st defendant destroyed plaintiff’s defence wall and blocks because the attempt by PW2 Prince Nicholas Nkrumah who described himself as a quantity surveyor to lead evidence on that claim failed miserably. It is however not in dispute that plaintiff paid consideration for th...