ARYITEY vs. AYELEY [1962]DLHC1355

Date	1962-08-05
Suit No.
Citation No.	[1962]DLHC1355

OLLENNU J.

G. KORANTENG-ADDOW FOR THE PLAINTIFF-APPELLANT.

W. B. BADDOO (WITH HIM P. SWANIKER) FOR THE DEFENDANT-RESPONDENT.

[1962]DLHC1355
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ARYITEY <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">AYELEY<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, ACCRA]<o:p></o:p>[1962] 1 GLR 225<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 5TH APRIL, 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

G.
KORANTENG-ADDOW FOR THE PLAINTIFF-APPELLANT.<o:p></o:p>

W.
B. BADDOO (WITH HIM P. SWANIKER) FOR THE DEFENDANT-RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

OLLENNU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
OLLENNU J.<o:p></o:p>This is an appeal from a judgment of the Accra West Local Court
delivered on the 19th October, 1961 dismissing a claim by the plaintiff to the
ownership of a piece of land situate at a place called Mgbemgbritey village,
Mataheko, and damages for trespass. The cause of action as disclosed both in
the writ of summons and in the evidence is that the defendant had made a farm
on the said land.<o:p></o:p><o:p>&nbsp;</o:p>The said land is agreed by both sides to be portion of Sempe stool
land. The plaintiff’s case is that the land was granted and conveyed to him by
the Sempe Mantse. The defendant on the other hand claimed that the said land
was sold to him by one Modua Abrahams who claims to be stool father to the
Sempe stool.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff did not give evidence in chief. After taking the
oath he simply said he relied upon the statement or particulars of his claim as
set out in his writ of summons. He was then cross-examined. It must be pointed
out that this practice of parties to suits in the local courts not giving
evidence in chief and simply saying they rely upon statements previously filed
in court is a very risky gamble, because the mere statement on oath by a person
that he relies upon a statement he had filed is not evidence. Thus if the party
is not cross-examined, and if he should turn out to have no witness, there
would be no evidence which the court can properly take congnisance of in
support of that party’s case. But fortunately for the plaintiff, he called a
witness, P.W.1, the headman of the area, and representative of the Sempe Mantse
in the area. He gave evidence of the grant of the land to the plaintiff by the
Sempe Mantse. The evidence this witness gave as representative of the Sempe
Mantse was not refuted in any way.<o:p></o:p><o:p>&nbsp;</o:p>In addition to his evidence that the land was sold to him by the
said Modua Abrahams, the defendant gave evidence that he had sued and obtained
judgment against the second witness for the plaintiff for trespass to the said
land, and that at the trial of that suit P.W.2 had said that she had been
employed by a certain person to put some planks on the land and that was how
she got to the land. She did not, however, say who the person was who had
employed her to carry those planks. But in this case she said under
cross-examination that she had then discovered the person who employed her to
convey the said planks to the land, and that the plaintiff was that person.<o:p></o:p><o:p>&nbsp;</o:p>There was nothing to show that the plaintiff knew of that case, in
fact he was not cross-examined on it, and when the defendant sought to tender
the judgment in the said case the plaintiff objected on the grounds that he
knew nothing about that case, and that he was away at Kumasi when the case was
said to have come on. The local court magistrate dismissed the plaintiff’s
claim on the grounds that:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Plaintiff has not been able to establish and prove his alleged
ownership of the said land in dispute. The conveyance P.W.1 alleges the
plaintiff obtained from the Sempe Mantse was not tendered in evidence to
substantiate the alleged conveyance of the said land to the plaintiff, neither
did the plaintiff produce any other evidence apart from P.W.l.”<o:p></o:p><o:p>&nbsp;</o:p>