ADJI & COMPANY vs. KUMANIN [1982]DLCA2076

Date	1982-06-23
Suit No.
Citation No.	[1982]DLCA2076

FRANCOIS JA

COUSSEY JA

ABBAN J.A.

S.A.X. TSEGAH FOR THE APPELLANTS.

E. N. MOORE FOR THE RESPONDENTS.

[1982]DLCA2076
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >ADJI &amp; COMPANY<o:p></o:p>&nbsp;vs. <o:p></o:p>KUMANIN <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1987-88] GLR 1382<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:
23 JUNE 1982<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">

S.A.X. TSEGAH FOR THE APPELLANTS. <o:p></o:p>

E. N. MOORE 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">

FRANCOIS, COUSSEY AND ABBAN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.A.<o:p></o:p>The
appeal is from the judgment of the Circuit Court, Koforidua. In the said
judgment dated 24 November 1980, the learned circuit judge dismissed the claim
of the appellants (hereinafter referred to as the plaintiffs). The plaintiffs
had sued the defendant-respondent (hereinafter referred to as the defendant)
for damages for trespass and perpetual injunction restraining the defendant,
his assigns and privies from interfering with a piece of land, with cocoa and
foodstuff farms thereon, lying at Kwaboadi No. 1, near Otwereso in the Eastern
Region. The defendant also counterclaimed for a declaration of title and
recovery of possession.<o:p></o:p><o:p>&nbsp;</o:p>It was an
undisputed fact that the land in dispute was a portion of the stool land of
Otwereso, a sub-stool of the Akyem Abuakwa paramount stool. In 1951 the
plaintiffs, a syndicate of farmers and strangers to both stools, obtained the
disputed land from the Otwereso stool for farming purposes. The occupant of the
Otwereso stool at that time was one Barima Ofosu Kwabi II who deputed his
elders to demarcate the land for the plaintiffs. The plaintiffs performed the
necessary customs appertaining to the grant. They then went into occupation of
the land so granted and cultivated cocoa and food-crops farms thereon.<o:p></o:p><o:p>&nbsp;</o:p>It was a
condition of the grant that the plaintiffs were to present to the Otwereso
stool one bottle schnapps plus a customary fee of ¢4.80 (four cedis eighty
pesewas) every year. The plaintiffs observed this condition until 1970 when the
paramount stool of Akyem Abuakwa, ostensibly acting with the consent of the
Otwereso stool, raised the customary fee of four cedis eighty pesewas to ¢66
and described it as rent. A lease of some sort was then drawn up embodying
fresh conditions. This lease was tendered as exhibit D.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant admitted the grant made to the plaintiffs by the Otwereso stool. He
also admitted the existence of the plaintiffs’ lease, exhibit D. But his
contention was that the disputed land formed part of forest land which the
Otwereso stool had granted to his late granduncle, called Nana Antwi Awuah, for
his services to the said stool. The said granduncle did not cultivate it and
the stool by mistake granted the same forest land to the plaintiffs. So in
1973, after he had become customary successor of his granduncle, he petitioned
the stool of Otwereso and the Stool Lands Revenue Office in Kibi, which was
responsible for the administration of stool lands in the area, to release the
land to him.<o:p></o:p><o:p>&nbsp;</o:p>A copy of
the said petition was sent to the plaintiffs. The plaintiffs resisted the
defendant’s claim. A series of correspondence took place between the plaintiffs
and the Stool Lands Revenue Office. Eventually, the defendant’s claim was
rejected by the said office. The defendant being dissatisfied, further
petitioned the Akyem Abuakwa Traditional Council. But in the meantime, the
plaintiffs had sued the defendant in the circuit court. The said traditional
council summoned the plaintiffs to appear before it as it had decided to
resolve the dispute between the plaintiffs on one hand and the defendant on the
other in respect of the land. The plaintiffs informed the traditional council
that the matter was already before a competent court for adjudication and it
was therefore not necessary for them to appear before it.<o:p></o:p><o:p>&nbsp;</o:p>Following
the failure of the plaintiffs to appear before the traditional council, the
said council informed the Stool Lands Revenue Office by a letter dated 27
February 1978, that the land had reverted to the defendant, for it was granted
to the plaintiffs by mistake; and that the lease, exhibit D, was no longer
valid because the plaintiffs had failed to approach the traditional council or
the stool of Otwereso, to negotiate for a new rent which was to be paid after
January 1975 as stipulated in the lease, exhibit D. This letter from the
council was tendered as exhibit 7 by the defendant. The learned circuit ju</main>