DUAGBOR AND OTHERS vs. AKYEA-DJAMSON [1986]DLCA907

Date	1986-05-29
Suit No.
Citation No.	[1986]DLCA907

ABBAN JA

OSEI-HWERE JA

AMPIAH JA

GEORGE DARKO FOR THE APPELLANTS.

ADUAMA-OSEI FOR THE RESPONDENT.

[1986]DLCA907
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DUAGBOR AND OTHERS <o:p></o:p>

{COURT OF APPEAL, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 697<o:p></o:p>

DATE:
29 MAY 1986<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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GEORGE DARKO FOR THE APPELLANTS. <o:p></o:p>

ADUAMA-OSEI 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;
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ABBAN, OSEI-HWERE AND AMPIAH JJA<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 delivered on 19
October 1978. It concerned a piece or parcel of land situate at a place called
Fintey Dorfor in the Eastern Region. The description of the land as to its
boundaries were set out in the writ of summons.<o:p></o:p><o:p>&nbsp;</o:p>By the
said judgment the learned trial judge decreed title in favour of the
plaintiff-respondent (hereinafter referred to simply as the plaintiff). He
further awarded the plaintiff damages of ¢400 for trespass. The plaintiff was
also granted perpetual injunction restraining the appellants (hereinafter
referred to as the defendants and co-defendant, respectively), their servants,
agents and privies from entering the said land and/or from interfering with the
land in any manner whatsoever.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff is a legal practitioner and his case was that he purchased the
disputed land from one Togbe Kuma Asilevi, head of the Asilevi family of Fintey
Dorfor. The land measured 2,024 feet on the north-east, on the south-east
1,029.2 feet, on the south-west 2,024 feet and on the north-west 945.20 feet
and covered an area of 46.10 acres. The purchase price was ¢400. A deed of
conveyance dated 14 May 1970 was executed by the vendor, Togbe Kuma Asilevi, to
evidence the said sale; the deed was duly registered in the Lands Department as
No 1630/1970.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
plaintiff is not a native of Fintey Dorfor and he said he got to know of this
land through a cousin of his and it was through this cousin that the vendor,
Togbe Kuma Asilevi, invited the plaintiff to Fintey Dorfor where he met the
vendor and his elders. They informed the plaintiff that they needed money to
buy materials for the roofing of a school block and that the elders had decided
to sell a portion of their land. The plaintiff having agreed to buy, a surveyor
was employed who demarcated the land in dispute for the plaintiff. The
plaintiff entered possession after the execution of the deed of conveyance by
placing his into caretaker, one Ayisi, on the land. In 1973 this Ayisi reported
to the plaintiff about acts of trespass which the defendants had committed on
the land. On the receipt of the report, the plaintiff said he visited the land
and found that the defendants had unlawfully felled a number of trees which
were used in making charcoal for their own benefit.<o:p></o:p><o:p>&nbsp;</o:p>It must
be observed that the action was originally brought against the two defendants
but their father Aaron Kodey, who was also the chief of the area, applied to be
made a co-defendant on the basis that he was the owner of the land in the area
of which the disputed land formed part and that the defendants entered the land
with his permission and consent. Indeed, the defendants in their statement of
defence averred that it was their father, the co-defendant, who authorised them
to enter the disputed land.<o:p></o:p><o:p>&nbsp;</o:p>It is
interesting to note that the plaintiff’s vendor, Togbe Kuma Asilevi, never
joined the suit, even though his representative was brought to give evidence
for the plaintiff. Thus it was a straight fight between the plaintiff and the
co-defendant. The co-defendant put in</main>