ASHONG vs. ASAMOAH [1973]DLHC2256

Date	1973-10-08
Suit No.
Citation No.	[1973]DLHC2256

APALOO J.A.

AHENKORA FOR THE PLAINTIFF.

GOODHEAD FOR THE DEFENDANT.

[1973]DLHC2256
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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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">ASHONG <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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">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:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">ASAMOAH <o:p></o:p>[HIGH COURT,
ACCRA]<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;[1974] 1 GLR 262<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:
8 OCTOBER 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">

AHENKORA
FOR THE PLAINTIFF.<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 J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO J.A.<o:p></o:p>In this
action the plaintiff claims against the defendant, a declaration of title,
recovery of possession and damages for trespass to a piece of land said to be
situate at Lartebiokorshie, the boundaries of which are set out in the writ. There
is also a claim for- perpetual injunction.<o:p></o:p><o:p>&nbsp;</o:p>This is
the second action instituted by the plaintiff about this land. The first action
was taken by him against one Kwaku Okine in 1963. As will appear presently, it
is from this individual that the defendant derives his title. That action was
discontinued on 22 December 1970, but the plaintiff was given liberty to bring
a fresh action. This suit was brought pursuant to that liberty.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff traces his root of title to a grant made to his family — the Okortoshishi
family by the James Town stool about 100 years ago. He said that that family
remained in possession of that land in 1959, and made an oral customary grant
of a portion of that land to him. He said that he entered into possession and
in 1960, the self-same family executed a conveyance by way of gift in his
favour. He produced it in evidence as exhibit B.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said he erected a zinc shed on a portion of that land in which he
kept some building materials. Some time in 1963, he noticed that this shed was
destroyed. He reported this to the police and when the latter went with him to
the site, he met Kwaku Okine there. Kwaku Okine was helping some workmen to dig
a foundation on the land. It was for this reason that he sued him. The writ was
taken out on 11 June 1963. On 28 June 1963, the plaintiff obtained against him,
an order of interim injunction restraining him, his servants, agents and
licensees from dealing with the land until the hearing and determination of the
suit.<o:p></o:p><o:p>&nbsp;</o:p>Unknown
to the plaintiff, at the date he took the writ against Okine, the latter had,
by deed conveyed the land to the defendant by way of absolute sale for the sum
of £G130. That conveyance was dated 10 April 1963, and precedes the writ by
about two months. The plaintiff sought against Okine the same reliefs that he
seeks against the present defendant. In his statement of claim, he puts the
origin of his title in the Okortoshishi family and averred that he was gifted
the land by that family. The statement of defence filed by Okine was wholly
wanting in candour. He merely denied the plaintiff’s title but avoided any
direct confrontation with the plaintiff by pleading that he was not in
possession of that land and could therefore not have been guilty of trespass.
He did not aver, as was the truth, that the person who was in possession was in
fact his own grantee.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff put on notice that not Okine but someone else was in possession of
the land, seems to have gone to sleep from June 1963 to May 1970. In that year,
he obtained an order from this court to join the defendant. At that date, the
building about which he complains had been wholly completed and occupied. This
fact is relevant only in relation to the statutory defence which the defendant
raises in his amended statement of defence.<o:p></o:p><</main>