AWUAH vs. ADUTUTU AND ANOTHER [1988]DLSC712

Date	1988-06-28
Suit No.
Citation No.	[1988]DLSC712

ABBAN J.S.C.

OSEI-HWERE JA

LAMPTEY J.A.

J. M. LAMPTEY FOR THE PLAINTIFF-APPELLANT.

NO APPEARANCE FOR OR ON BEHALF OF THE RESPONDENTS.

[1988]DLSC712
																																						<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" >AWUAH <o:p></o:p>vs. <o:p></o:p>ADUTUTU AND ANOTHER <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1987-88] 2 GLR 191<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
28 JULY 1988<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">

J. M. LAMPTEY FOR THE PLAINTIFF-APPELLANT. <o:p></o:p>

NO APPEARANCE FOR OR ON BEHALF OF 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">

ABBAN J.S.C., OSEI-HWERE AND LAMPTEY
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.S.C<o:p></o:p>The
appellant sued the respondent in the District Court Grade I, Goaso, in
Brong-Ahafo for a declaration of title to land, damages for trespass and an
order for perpetual injunction. Judgment was entered in the appellant’s favour
and the respondents appealed to the High Court, Sunyani.<o:p></o:p><o:p>&nbsp;</o:p>On 15
July 1983 the High Court, Sunyani reversed the said decision of the district
court, grade I and gave judgment for the respondents, dismissing the
appellant’s claim. It is against this judgment that the appeal was brought.<o:p></o:p><o:p>&nbsp;</o:p>The facts
in the case were simple: The appellant (hereinafter referred to as the
plaintiff) obtained a grant of forest land from the first respondent for
cultivation. The size of the forest land granted was described as 12 x 24 poles
and the plaintiff paid £110 (¢220) to the first respondent for the grant. The
first respondent (hereinafter called the first defendant) issued a receipt,
exhibit B, to acknowledge the said payment. The plaintiff entered into
possession and cultivated considerable portion of the land granted leaving a
small area for future cultivation.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff later gave that small area to a certain man to cultivate on “abunu”
tenancy. After that person had cleared the forest, the first defendant entered
it and appropriated considerable portion thereof and gave the same to one Kwame
Boakye, the second defendant herein. The latter then went onto the land, and
started farming activities thereon.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff raised objection to the conduct of the first defendant who retorted
by saying that that portion of land granted to the second defendant was not
included in the plaintiff’s grant; and that the plaintiff had gone beyond the
limits of the land granted to him. Consequently, he, the first defendant, was
entitled to retake the disputed portion and so his subsequent grant of that
portion to the second defendant was in order.<o:p></o:p><o:p>&nbsp;</o:p>Letters
were exchanged between the parties in which each party tried to justify his
stand. The matter seemed to have been brought before the officials of the
Brong-Ahafo regional office. The parties were advised to agree on a common
surveyor to make a plan of the disputed area. Thus, the plaintiff and the first
defendant engaged a surveyor, Kwabena Botwe, the first plaintiff witness. On
the day appointed for the survey to be carried out, the first defendant said he
had some urgent matters to attend to in Kumasi so he could not personally be
present during the survey.<o:p></o:p><o:p>&nbsp;</o:p>It may be
noted that the grant of the land was made by the first defendant on behalf of
his stool. But the physical demarcation of the land for the plaintiff was done
by some emissaries deputed by the first defendant. Consequently, since the
first defendant himself could not attend the survey, he deputed certain persons
to represent him. Those representatives included the very persons who had
originally demarcated the land for the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>