ADJOWEI, vs. YIADOM III AND OTHERS [1973]DLCA2353

Date	1973-04-09
Suit No.
Citation No.	[1973]DLCA2353

APALOO JA

SOWAH JA

ANIN J.A.

W. A. N. ADUMUA-BOSSMAN FOR THE APPELLANT.

JOE REINDORF FOR THE RESPONDENTS.

[1973]DLCA2353
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													<main id="main" class="content" style="min-height: 60rem" >ADJOWEI,<o:p></o:p>&nbsp;vs. <o:p></o:p>YIADOM III AND OTHERS <o:p></o:p>[COURT OF APPEAL,
KUMASI]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 90<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
9 APRIL 1973.<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">

W. A. N. ADUMUA-BOSSMAN FOR THE APPELLANT.<o:p></o:p>

JOE REINDORF FOR THE RESPONDENTS.<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">

APALOO, SOWAH AND ANIN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SOWAH J.A.<o:p></o:p>This is
an appeal from the judgment of the High Court, Kumasi, in which the court
dismissed the claim for a declaration of’ title to the two parcels of land
described in the writ of summons. The plaintiff instituted his action in a
representative capacity as the leader of a group of Ningo and Shai farmers who
joined together to form a company or syndicate with the purpose of purchasing
farm land. Some of the original members were dead at the time of the action;
the plaintiff was the successor of his late father Kommey Teikutey, the leader
of the original group. It is the usual practice of such groups on the death of
a member, for his successor at law to be substituted as a member; it is in
accordance with this practice that the plaintiff became the leader of the group
following the death of his father.<o:p></o:p><o:p>&nbsp;</o:p>The case
of the syndicate was that members of the original group left their native Ningo
and Shai towns and were prospecting for good farming land in Ashanti, when they
were invited by the odikro of Asankare, Nana Kwame Arku who offered the sale of
his land. At a meeting at the ahinfie, the chief and his elders informed
members of the syndicate that as a result of litigation, the stool and its
elders had run into debt and that execution had been levied against their
properties in satisfaction of the judgment debt. It was for this reason that
the offer for the sale of stool land was being made.<o:p></o:p><o:p>&nbsp;</o:p>Accordingly,
on the first day of the meeting, the group and some of the elders of the stool
inspected the land for sale, and on return to the ahinfie, the syndicate
signified its acceptance of the offer by the provision of two bottles of gin at
the price of thirteen shillings. The company offered to buy 100 ropes of land
at the cost of £5 a rope. On a subsequent date when the parties again met for
the demarcation of the area, the chief informed members of the syndicate that
as time was running out, the stool would require as immediate payment on
account, the sum of £45 for the liquidation of the judgment debt and the removal
of the attachment. The company duly paid this sum.<o:p></o:p><o:p>&nbsp;</o:p>The
evidence reveals that at all times the person primarily responsible for
negotiations on behalf of the stool was Kofi Fofie its linguist. He, it was,
who sent the invitation to the head of the company and in the company of
members of the syndicate inspected the land for sale. On the payment of the sum
of £45 to the chief he and a member of the company were sent to pay that sum
into court. When the parties went on the land and demarcated the area, the vendors
were led by Kofi Fofie and the purchasers by Kommey Teikutey. The evidence
which the learned judge accepted was that instead of the 100 ropes agreed upon,
the vendor stool demarcated 79 ropes. There appeared to be no protest from the
purchasers. The exercise of demarcation was completed within four days,
thereafter the syndicate was requested to provide a sheep for slaughter on the
land and drinks for the pouring of libation; subsequently the guaha custom was
performed. The parties returned the following day to the ahinfie where the
chief, the queen mother and all the elders had assembled and the syndicate paid
on further account, the sum of £100. The purchasers were given time to complete
payment of the balance of the purchase price; the payment of which was duly
completed within two years. Thereafter the company purchased twenty more ropes
of land in the area and paid £100 for it.<o:p></o:p><o:p>&nbsp;</o:p>The cause
of action arose when some years after, the defendant stool started allocating
portions of the syndicate’s land to its subjects and tenants.<o:p></o:p>