SAH vs. DARKU AND OTHERS [1987]DLCA803

Date	1987-04-02
Suit No.
Citation No.	[1987]DLCA803

ABBAN JA

OSEI-HWERE JA

WUAKU JA

ACQUAH FOR THE APPELLANT.

AGYEMANG FOR THE RESPONDENT.

[1987]DLCA803
																																						<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" >SAH <o:p></o:p>vs. <o:p></o:p>DARKU AND OTHERS <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1987-88] 2 GLR 486<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 2
APRIL 1987<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">

ACQUAH FOR THE APPELLANT. <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">

ABBAN, OSEI-HWERE AND WUAKU JJA<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OSEI-HWERE J.A.<o:p></o:p>Osei-Hwere
J.A. delivered the first judgment at the invitation of Abban JA. The land that
launched the law suit at the High Court, Sekondi which has resulted in this
appeal lies in an area amply fed with rivers and streams and redolent of forest
reserves. It is said to measure 8.04 square miles and is bounded on the west by
the Bonsa River and Enikawkaw stream, on the north and north-east by the Osen
River, on the east by the Ben East Block Forest Reserve and on the south by the
Mamponsu stool land. The plaintiffs alleged that in 1928 they acquired this
land by purchase from the chief of Mamponsu and his elders acting with the
consent and concurrence of the Omanhene of the Wassa Fiase Traditional Area.
The customary sale of the land to the plaintiffs was, at a much later date,
confirmed by an indenture which was registered at the Lands Registry as No
2222/1966. The plaintiffs originally entered their plaint against Nana Kwame
Poku Agyeman, the chief of Kaireku (also spelt Kayireku) alleging that he had
without their knowledge, authority or consent forcibly entered the said land
and put his servants, agents and licensees thereon for the purpose of farming
the said land. Wherefore the plaintiffs sued for a declaration of title to the
land and injunction to restrain the defendant and licensees.<o:p></o:p><o:p>&nbsp;</o:p>Nana
Kwame Poku Agyeman was destooled before the action came to trial and he was
substituted by the ebusuapanyin of the Kaireku stool family. The defence
delivered denied the averments in the statement of claim and traversed as
follows-<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">“(2) In
further reply the defendant contends that the land in dispute forms part of the
Kaireku stool land and that the stool has on no occasion sold any part of this
land to the plaintiffs. (3) About 22 years ago, the plaintiff Ahunu together
with other persons sued the Kaireku stool, W R D Acquah and other persons in
respect of timber trees felled on this land, at the High Court, Sekondi. After
appearance has been entered the plaintiffs in that case failed to prosecute the
action which died a natural death. That since then the Kaireku stool has
granted portions of these lands to abusa tenants who have cultivated cocoa and
other food crops on the land. (4) That in the Bonsa Ben Forest Reserve Enquiry
for the acquisition of the land, the Kaireku stool was adjudged to be the owner
of the reserve which forms part of the land in dispute and the necessary
compensation was paid to the stool.<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">&nbsp;(5) The defendant will further contend that by
law the lands cannot be taken away from the present tenants as they have been
on the land for over 20 years.”<o:p></o:p><o:p>&nbsp;</o:p>By an
amended defence the defendant counterclaimed for the same reliefs.<o:p></o:p>The
amended reply traced the root of title of the plaintiffs and went on to narrate
how they defended the validity of the sale of the land before Peter Myles Riley,
the Reserve Settlement Commissioner, at the Ben (East Block) Forest Reserve
Enquiry held in 1955. The said commissioner found that there was a valid
alienation of the land to them and he adjudged the plaintiffs entitled to
compensation for that part of their land which was included in the reserve. In
answer to paragraph (4) of the defence they admitted that a small portion of
their land at the northern end forms part of the Bonsa Ben Forest Reserve but
they denied that the Kaireku stool had been adjudged owner of the said reserve
or of any part of their land. Further, it was averred that the land occupied by
the Kaireku people was acquired by grant from the Mamponsu stool and also that
the grant was confined to a small area around Kaireku village and did not
extend to the disputed land. The averments in the reply concluded as follows:<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">“(10) As
far back as 1909 the stool of Mamponsu, acting by Kwamina Damuah, Ohene of
Mamponsu, granted the Mamponsu concession (certificate of validity No 213) to
the West African Mahogany Petroleum and Gold Co Ltd, covering all the lands
lying between the plaintiffs’ land and the village of Kaireku. (11) In further
answer to paragraph (3) thereof the plaintiffs say that the said suit concerned
the felling of timber trees on the plaintiffs’ land and was amicably settled
out of court by Nana Gyan Kokora II, Omanhene of Wassa Fiase, the overlord of
all the parties to the litigation, in favour of the plaintiffs as evidenced by
a document executed by the parties on 29 January 1975.”<o:p></o:p>