BINEY vs. EFFIE [1966]DLHC1665

Date	1966-03-31
Suit No.
Citation No.	[1966]DLHC1665

ARCHER J.

DR. DE GRAFT-JOHNSON FOR THE FIRST CLAIMANT.

I. K. ABBAN FOR THE SECOND CLAIMANT.

[1966]DLHC1665
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													<main id="main" class="content" style="min-height: 60rem" >BINEY<o:p></o:p>&nbsp;vs. <o:p></o:p>EFFIE <o:p></o:p>[HIGH COURT, CAPE COAST]<o:p></o:p>[1966] GLR 277<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
31 MARCH 1966.<o:p></o:p>

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

DR. DE GRAFT-JOHNSON FOR THE FIRST CLAIMANT.<o:p></o:p>

I. K. ABBAN FOR THE SECOND CLAIMANT.<o:p></o:p>

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

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF ARCHER J.<o:p></o:p>By lands
notice No. 936 published in the Ghana Gazette of 6 May 1958, the Ghana
Government gave notice under the Public Lands Ordinance1 as follows:<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">“All that
piece or parcel of land comprising an area of approximately 1.26 acres situate
at Cape Coast in the Cape Coast District of the Western Region of Ghana lying
between Commissioner Road, King Street and Victoria Road and approximately 300
feet west of the E. C. M. Church which piece or parcel of land is more
particularly delineated on Plan No. L.D. 3389/16947 and thereon shown edged
pink is required for the service of Ghana.”<o:p></o:p><o:p>&nbsp;</o:p>By a
certificate of title registered at the Deeds Registry as No. 2153/1958 and
published as Notice No. 1878 in the Ghana Gazette of 6 September 1958, the High
Court declared and vested the above mentioned piece of land in the then
Governor-General of Ghana. The land acquired comprised various plots of land
including land with premises thereon formerly known as No. 10 Victoria Street
and subsequently re-numbered as house No. C57/1 Victoria Street, Cape Coast.<o:p></o:p><o:p>&nbsp;</o:p>A number
of persons put in claims to the compensation in respect of the land and house
known as No. C57/1 Victoria Road. Ultimately, the number of claimants dwindled
to two, namely, Joseph William Biney of Sekondi on the one hand hereinafter
referred to as the first claimant and Araba Effie on the other hand,
hereinafter referred to as the second claimant. In view of the conflict, the
matter was referred to this court on 5 February 1963 by the Chief Lands Officer
as required by the Public Lands Ordinance. The amount of compensation for this
portion of the whole land acquired is £G750.<o:p></o:p><o:p>&nbsp;</o:p>The first
claimant gave evidence and called four witnesses. His case is that on 23 August
1946, he bought for £G8 house No. C57/1, Victoria Street, Cape Coast at a
public auction held on the 23 August 1946. On 16 January 1947 he obtained a
certificate of purchase, exhibit A, from the district magistrate at Cape Coast
and this certificate was registered in the Deeds Registry as No. 406/1948. He
submitted that the sale was never set aside by the court and at the date of the
acquisition of the land by the government, he was the legal owner and as such
he is entitled to compensation in respect of the land.<o:p></o:p><o:p>&nbsp;</o:p>The
second claimant is dead and she was substituted by Kwesi Badu who gave evidence
and called one witness. The case for the second claimant is that she bought
house No. C57/1 Victoria Street, Cape Coast from one Albert Horace de
Graft-Johnson by a deed of conveyance dated 10 April 1943. The house was
formerly known as Sea View house No. 10 Victoria Street, Cape Coast. After the
purchase, she defended her ownership in various court actions and by a judgment
of Windsor-Aubrey J. dated 17 July 1950 in the case of Araba Effie v. W. E.
Kwesi Johnson, she was declared the owner. A copy of the said judgment was
tendered as exhibit 1. This judgment was confirmed by the then West African
Court of Appeal on February 1953.2<o:p></o:p><o:p>&nbsp;</o:p>It
appears from the evidence that on 12 January 1943 one A. H. de Graft-Johnson
purported by a document to sell the house in question to W. S. Kwesi Johnson.
On 10 April 1943, the same A. H. de Graft-Johnson conveyed the same property to
Araba Effie. In suit No. 7/1944 between A. W. Stanhope v. A. H. de
Graft-Johnson and W. S. Kwesi Johnson, the plaintiffs therein claimed the
property in question as family property and on 28 April 1947, Jackson J. gave
judgment by exhibit F and declared W. S. Kwesi Johnson to be the purchaser of
the house. That decision was confirmed by the West African Court of Appeal.<o:p></o:p>