ODAMETEY vs. CLOCUH AND ANOTHER [1989]DLSC653

Date	1989-03-08
Suit No.
Citation No.	[1989]DLSC653

ADADE JSC

TAYLOR JSC

FRANCOIS JSC

WUAKU JSC

AMUA-SAKYI J.S.C.

W. A. N. ADUMUA-BOSSMAN FOR THE APPELLANT.

E. D. KOM

S.A.G. (WITH HIM GEORGE KOM) FOR THE RESPONDENTS.

[1989]DLSC653
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													<main id="main" class="content" style="min-height: 60rem" >&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; ODAMETEY
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>vs. <o:p></o:p>CLOCUH AND ANOTHER<o:p></o:p>[SUPREME COURT, ACCRA] <o:p></o:p>[1989-90] 2 GLR 14<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:
8
MARCH 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">

W. A. N. ADUMUA-BOSSMAN FOR THE APPELLANT.<o:p></o:p>

E. D. KOM, S.A.G. (WITH HIM GEORGE KOM) 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<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.S.C.<o:p></o:p>This is
an appeal from a judgment of the Court of Appeal dated 12 November 1984 which
unanimously set aside a decision of the circuit giving in favour of the
plaintiff herein. The case is a typical instance of the dishonest conduct of
some landlords in the Accra Metropolitan Area. It involves real estate
transactions of two sales on different dates by the Akumajay stool of the same
niece of Akumajay stool land by separate conveyances. The first was to the plaintiff
and the second was in favour of a vendor of the second defendant. An elaborate
statement of the facts will highlight the reasoning behind the legal
considerations which the trial circuit court and the Court of Appeal
respectively utilised in resolving the resultant dispute.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant was the plaintiff in the circuit court. In her statement of claim she
alleged that she had a customary grant of the land in 1962 from the Macleans
and “that immediately after the said grant she went into possession and has
since been in undisturbed possession.” At the trial, however, she abandoned
this claim in her pleading and rather gave evidence that one Oblitey from
Akumajay gave her a customary grant of the land in 1969 for a consideration of
¢220. When however, according to her, she cleared the land, deposited stones
and sand and dug foundations in order to commence building operations, Nii
Abossey Okai II, the incumbent chief of the Akumajay stool, claiming ownership
on behalf of the stool and asserting to be the rightful person to convey and
not Oblitey, caused her foundations to be filled up. In the circumstance she
was obliged to purchase the land a second time from the said Nii Abossey Okai
II on payment to him of the sum of ¢300. This was on 14 January 1970 and a deed
of conveyance tendered in the proceedings as exhibit A was prepared in her
favour to evidence the transaction.<o:p></o:p><o:p>&nbsp;</o:p>She
indicated in evidence that after a court action against Oblitey, she had a
refund of half the money which she had paid to him. After the 1970 purchase,
she erected corner pillars and water tank and deposited sand, stones and blocks
on the land. She submitted her document, exhibit A, to the Lands Department for
registration after she had had it stamped as document No. AC 2131/70. From 1970
after submitting her document until 30 November 1976 when she took out the writ
at the circuit court to vindicate her title, her document laid dormant in the
Lands Registry and apart from the stamping, it was never formally registered
nor was the concurrence of the ministry or the Lands Commission obtained. The
non-registration was on the evidence clearly a result of the negligence of the
schedule officers of the Lands Department.<o:p></o:p><o:p>&nbsp;</o:p>On a
visit to the land in 1976 she found all her blocks missing and saw pegs put on
the land preparatory to the commencement of building operations. This led her
to conduct further investigations at the Lands Department which disclosed that
one Veronica Borkor, the ostensible vendor of the second defendant, has had her
document, exhibit E, which was executed on 21 April 1976 registered instead of
her document. Borkor’s document was apparently stamped on 24 April 1976 as
document No. AC 4164/76 and it had concurrence as document No. GLS/1281/76; it
was registered as document No. 2908/1976 and was made between her and Nii
Ayikai Stephens, the Acting Mantse of the Akumajay stool who, was also her own
grantor.<o:p></o:p><o:p>&nbsp;</o:p>She
complained against the obvious injustice of registering the later document and
ignoring her earlier one; and on 25 August 1976 as a result of her protest, the
regional lands officer wrote a letter, exhibit B, to Nii Ayikai Stephens, the
vendor of Veronica Borkor, with copies to the plaintiff and Veronica Borkor,
The letter is as follows:<o:p></o:p>