ARMAR vs. GYEMAH [1966]DLSC1654

Date	1966-01-31
Suit No.
Citation No.	[1966]DLSC1654

SARKODEE-ADOO C.J

APALOO JSC

SIRIBOE J.S.C.

A. K. AIDOO FOR THE APPELLANT.

MRS. A. HARLLEY FOR THE RESPONDENT.

[1966]DLSC1654
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													<main id="main" class="content" style="min-height: 60rem" >ARMAR<o:p></o:p>&nbsp;vs. <o:p></o:p>GYEMAH <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1966] GLR 98<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 JANUARY 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">

A. K. AIDOO FOR THE APPELLANT.<o:p></o:p>

MRS. A. HARLLEY FOR THE RESPONDENT.<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">

SARKODEE-ADOO C.J., APALOO AND SIRIBOE
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SIRIBOE J.S.C.<o:p></o:p>Siriboe
J.S.C. delivered the judgment of the court. This is an appeal from a judgment
of Acolatse J. (as he then was) sitting in the Land Court, Accra, on 30 May
1959, whereby he decided in favour of the plaintiff-respondent (hereinafter
referred to as the plaintiff).<o:p></o:p><o:p>&nbsp;</o:p>The case
concerns a piece or parcel of land situate at Ahinakwa Road, Adabraka, Accra,
more particularly described in the writ of summons and statement of claim
respectively, to which the plaintiff on behalf of herself and six other
children of their late father Joseph Adjaye Armar, deceased, claims title,
£G100 damages and an injunction restraining the defendant, his agents and
servants from entering upon it, or in any way whatsoever interfering with the
plaintiff’s possession and occupation thereof.<o:p></o:p><o:p>&nbsp;</o:p>The evidence
of the plaintiff as amplified by her witnesses, more particularly the
plaintiff’s first witness, is that the property in question was originally a
portion of a large area of land owned by one Tetteh Doi who died intestate some
time in 1920. His family, acting by their accredited caretakers (the
plaintiff’s first witness and the defendant’s second witness), sold that
portion in dispute to one Dodoo Cobblah as evidenced by a deed of conveyance
(exhibit C) dated 6 March 1930, and registered as No. 1147/30.<o:p></o:p><o:p>&nbsp;</o:p>By
another deed (exhibit B) dated 21 May 1935 and registered as No. 548/1935, the
said Cobblah, for the consideration therein expressed, conveyed the land in
question to one Emma Felicia Tetteh, who in turn, mortgaged it to the United
Africa Co., Ltd. under a deed of mortgage dated 14 October 1936, bearing
registration No. 726/ 1936. In exercise of the power of the sale contained in
the said deed of mortgage, the company caused the land to be sold by public
auction, at which sale the plaintiff’s father was declared the highest bidder
and thereby the purchaser of the land for the sum of £G91.<o:p></o:p><o:p>&nbsp;</o:p>Following
this, the company conveyed the land to him by a deed (exhibit A) dated 15
December 1937, and registered as No. 135/38. He was accordingly put in possession
until the time of his death intestate on 27 June 1946, when the land devolved
upon the plaintiff and the other children in accordance with Tema (Ga) custom,
and they continued the possession per their caretaker.<o:p></o:p><o:p>&nbsp;</o:p>The
present action was instituted in February 1956, because the defendant was seen
digging foundations on the land for the purpose of erecting a building thereon
in spite of all warnings given to him by the plaintiff. The defendant on the
other hand bases his claim to the land on an alleged sale of it to him by the
defendant’s first witness for the sum of £250 under a deed of conveyance
(exhibit 2) dated 25 April 1953, and registered as No. 912/1953.<o:p></o:p><o:p>&nbsp;</o:p>In
exhibit 2 the defendant’s first witness conveyed the land as head of the Tetteh
Doi family, a position which he has been proved not to have had as will appear
in the course of this judgment. According to the defendant’s first witness he
sold the land to the defendant under a power of attorney (exhibit 3) from the
female line of that family. It is dated 29 January 1955, although the evidence
shows that the purported sale was on 25 April 1953.<o:p></o:p>