AKYEA-DJAMSON vs. DUAGBOR AND OTHERS [1989]DLSC520

Date	1989-07-11
Suit No.
Citation No.	[1989]DLSC520

ADADE J.S.C

TAYLOR J.S.C

FRANCOIS J.S.C

WUAKU J.S.C

AMUA-SEKYI J.S.C.

JOE REINDORF (WITH HIM ADUAMA-OSEI) FOR THE APPELLANT.

GEORGE DARKO FOR THE RESPONDENTS.

[1989]DLSC520
																																						<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" >AKYEA-DJAMSON <o:p></o:p>vs. <o:p></o:p>DUAGBOR AND OTHERS <o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1989-90]1 GLR 223<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:
11 JULY 1989<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 (WITH HIM ADUAMA-OSEI) FOR THE
APPELLANT.<o:p></o:p>

GEORGE DARKO 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">

ADADE, TAYLOR, FRANCOIS, WUAKU AND AMUA-SEKYI
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.S.C.<o:p></o:p>This case
involves very simple issues which are of recurring significance in our courts.
And although it is a really straightforward case, it raises the usual problems
and poses some questions which are of fundamental importance in the customary
land law system of Ghana. To appreciate the nature of the problems and attempt
to answer the questions posed, it is necessary to appraise the facts grounding
the rival claims of the parties and in the process to identify the nature of
the controversy which we have been called upon to resolve as a final appellate
court of last resort.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant, Mr. Akyea-Djamson, who was the plaintiff in the circuit court, is
not a native of Fintey, a village in the Duffor paramountcy. He however bought
a piece of land, the subject matter of the dispute, from the Asilevi family
which hails from Fintey. The Asilevi family led evidence that their “ancestors
had settled on the land from time immemorial.” Apart from the land on which
they thus settled, the Asilevi family conceded in evidence that they also
bought some lands after they had settled. The lands were bought from the
Anyesuhene but these lands are not the subject matter of the dispute. In
evidence they distinctly deposed as follows: “It is a portion of the land we
settled on that was sold to the plaintiff.”<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff was not resident in Fintey and on making inquiries and satisfying
himself that the Asilevi family of Fintey had title, he paid the purchase money
and took a conveyance on 14 May 1970 and had it registered in the Lands
Registry as document No. 1630/1970. The respondent who was the co-defendant at
the circuit court is in reality the substantive defendant, for the two
defendants who were sued were his sons and he authorised them to enter the land
and they entered the said land in May 1973, three years after the plaintiff’s
purchase.<o:p></o:p><o:p>&nbsp;</o:p>When the
plaintiff sued the two defendants on 21 June 1973 describing and claiming the
land in dispute as property the title to which he had obtained from the Asilevi
family of Fintey, the two defendants pleaded in paragraphs 3-5 of their
statement of defence, inter alia, 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">“3. The
land described in the plaintiff’s statement of claim is the bona fide property
of the Kodey family and can only be transferred with the knowledge, consent and
concurrence of the principal elders and members of the Kodey family of Fintey.
4. The Asilevi family from whom the plaintiff claims to have obtained title to
the said lands does not own any land in the Fintey area exclusively since they
are an integral part of the Togbe Kodey family which constitutes the Fintey
family of which Togbe Kodey is the head. 5. The Asilevi family cannot therefore
on their own alienate any portion of the land in the area without the consent
and approval of the principal members and elders of the Fintey family of which
Togbe Kodey is the head. This was made clear in the case of Togbe Asifiri II of
Fintey and Kwadjo Degbe of Fintey which was decided by the District Court,
Grade II, Senchi.”<o:p></o:p><o:p>&nbsp;</o:p>(The
emphasis is mine.)<o:p></o:p>Issues
were agreed on the summons for directions on 12 December 1973 and in an
affidavit sworn to on 26 July 1974 by the co-defendant in support of an
application for his joinder as Aaron Kodey, the father of the defendants, he
deposed, inter alia, in paragraphs 2 and 3 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. That
the land which is the subject matter of this suit was granted by me to the
defendants. 3. That the said land in dispute belonged to my grandfather and
devolved on me as the param</main>