WORDIE AND OTHERS vs. AWUDU BUKARI [1976]DLCA451

Date	1976-03-29
Suit No.
Citation No.	[1976]DLCA451

AMISSAH J.A

ARCHER J.A

KINGSLEY-NYINAH J.A.

JOE REINDORF FOR THE FIRST APPELLANT.

F. S. GOODHEAD FOR THE SECOND APPELLANTS.

ASARE FOR THE RESPONDENT.

[1976]DLCA451
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													<main id="main" class="content" style="min-height: 60rem" >WORDIE AND OTHERS <o:p></o:p>vs. <o:p></o:p>AWUDU BUKARI<o:p></o:p>&nbsp;[COURT
OF APPEAL, ACCRA]<o:p></o:p>[1976] 2 GLR 371<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:
29 MARCH 1976.<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">

JOE REINDORF FOR THE FIRST APPELLANT.<o:p></o:p>

F. S. GOODHEAD FOR THE SECOND APPELLANTS.<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">

AMISSAH, ARCHER AND KINGSLEY-NYINAH
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ARCHER J.A.<o:p></o:p>Archer
J.A. delivered the judgment of the court. Twenty-five years have almost elapsed
since Jackson J. delivered his monumental judgment in Ashrifi v. Golightly
(1951) D.C. (Land) ‘48-’51, 312, popularly known as the Kokomlemle consolidated
cases and one would have thought that there would be no further controversy as
that judgment had finally decided the boundary between the Ga, Gbese and Korle
stools on the one hand and the Osu stool on the other, a boundary which was
confirmed by the West African Court of Appeal sub nom. Golightly v. Ashrifi
(1955) 14 W.A.C.A. 676, and by the Privy Council [1961] G.L.R. 28, P.C.
Unfortunately, in this appeal, controversy has been generated by the inability
of the parties to produce the original plan by reference to which Jackson J.
wrote and delivered his judgment. We think this should not be permitted to
re-occur.<o:p></o:p><o:p>&nbsp;</o:p>The facts
briefly are that the first appellant brought a suit in the Circuit Court,
Accra, claiming a declaration of title to a piece of land at Taslima-Kotobabi,
Accra. The first appellant claimed to have been in possession of the land
through a grant from the Osu Stool as far back as 1935. Subsequently in 1961,
the Osu stool executed a deed of conveyance to confirm the 1935 grant. The
first appellant’s complaint at the circuit court was that notwithstanding this
grant, the respondent trespassed on the land and created a fence across his
land and asserted title to a portion of the land.<o:p></o:p><o:p>&nbsp;</o:p>The
respondent in his defence testified that he took his grant from the Ga, Gbese
and Korle stools in 1958 by a deed of conveyance executed by the stools in his
favour and counterclaimed for a declaration of title to the portion granted him
by the stools. The Ga, Gbese and Korle stools as the grantors of the respondent
joined as co-defendants in the circuit court and counterclaimed for a
declaration of title to:<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 situate lying and being at Kokomlemle, Accra New Town
bounded on the north by the Ga, Gbese and Korle stool lands and measuring 60
feet more or less; on the south by the Ga, Gbese and Korle stool lands
measuring 60 feet more or less; on the east by Awudu Bukari’s property
measuring 67 feet more or less; on the west by the Gbese and Korle stools’ land
measuring 67 feet more or less.”<o:p></o:p><o:p>&nbsp;</o:p>As the
first appellant and the respondent took their grants from the Osu stool and the
Ga, Gbese and Korle stools respectively, the task of the trial court could have
been simplified if the parties had agreed on the line adjudged by Jackson J. to
be the boundary between the two grantors. The Osu stool did not join in the
proceedings at the circuit court and the first appellant alone had to face the
respondent and his grantors.<o:p></o:p><o:p>&nbsp;</o:p>The first
appellant relied on earlier effective occupation since 1935 in addition to the
deed of conveyance executed in 1961 by the Osu stool. The respondent on the
other hand relied on the deed of conveyance of 1958 executed by his grantors.
Looking at the extent of the controversy, it would be convenient to deal with
the two documents first. There is no doubt that the deed tendered in evidence
by the first appellant is on the face of it valid so far as the formalities of
execution are concerned. But whether the Osu stool as owner could grant that
particular piece of land is another matter to be considered in due course.<o:p></o:p></main>