FRANCE vs. GOLIGHTLY; FRANCE vs. ADDY (CONSOLIDATED) [1991]DLCA2233

Date	1991-01-31
Suit No.
Citation No.	[1991]DLCA2233

AMPIAH JA

OFORI-BOATENG JA

ADJABENG JJA

P.A ADJETEY SAG (WITH HIM COLONEL (RTD) ASANTE) FOR THE DEFENDANT-APPELLANT.

GOODHEAD FOR THE PLAINTIFFS-RESPONDENTS.

[1991]DLCA2233
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													<main id="main" class="content" style="min-height: 60rem" >FRANCE<o:p></o:p>vs.<o:p></o:p>GOLIGHTLY;<o:p></o:p>FRANCE<o:p></o:p>vs.<o:p></o:p>ADDY
(CONSOLIDATED)<o:p></o:p>[COURT OF
APPEAL, ACCRA]<o:p></o:p>[1991] 1
GLR 74<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 31 JANUARY 1991<o:p></o:p>

</div>COUNSEL:<o:p></o:p>P.A
ADJETEY, SAG (WITH HIM COLONEL (RTD) ASANTE) FOR THE DEFENDANT-APPELLANT.<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">

GOODHEAD
FOR THE PLAINTIFFS-RESPONDENTS. <o:p></o:p>

AMPIAH,
OFORI-BOATENG AND ADJABENG JJA<o:p></o:p>

</div>JUDGMENT
OF AMPIAH J A.<o:p></o:p>This
appeal has been brought by the defendant-appellant (hereinafter referred to as
the defendant) against the decision of the High Court, Accra, dated 10 December
1982. On 18 April 1974, the plaintiff-respondent, Mary Larley Golightly
(hereinafter referred to as the first plaintiff) commenced an action against
the defendant claiming, among other things, title to a piece of land at South
Odorkor, Accra. The suit was numbered CCL 37/74. On 24 November 1975 while the
first suit was still pending, the plaintiff-respondent, Samuel Charles Houghman
Addy (referred to) in this judgment as the second plaintiff, who derived his
title from the first plaintiff also commenced an action against the same defendant
claiming, among other things, title to a portion of the land claimed in suit No
CCL 37/74. This suit was numbered CCL 108/75. The defendant denied the claims
by the plaintiffs in both suits. As was quite rightly stated by the learned
trial judge, since the title of the second plaintiff depended on the title of
the first plaintiff, if the latter succeeded in her claim, the former would
naturally also succeed in his claim. On the other hand if the first plaintiff
failed, the second plaintiff would also fail. The two cases were consequently
later consolidated for trial.<o:p></o:p>The first
plaintiff had claimed originally that she<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">“became
seised as owner by virtue of a conveyance made between the plaintiff herein and
Nee Abossey Okai II, Akumajay Mantse of Accra and also by a deed of conveyance
dated 18 May 1973 and stamped as No AC 5224/73 and registered at the Deeds
Registry as No 2363/73 and concurred in by the Government of Ghana and made
between Samuel Parker Allotey, representative of the Sempe stool and the plaintiff
herein.”<o:p></o:p>Before
the defendant could enter appearance however, the plaintiff had filed a notice
of amendment wherein she claimed now that she, “... became seised as owner by a
customary grant made to her by the late Nii Ayikai II, Akumajay Manche and his
elders in 1958.”<o:p></o:p>The
defendant on the other hand claimed title to the land by a customary grant from
the Nii Boi Maclean family of the Akumajay stool in 1959 which grant was
evidenced in writing, stamped and duly registered in the Lands Registry as No
1252/1960; the deed was dated 30 November 1959. The defendant further averred
that after the judgment in the appeal case No 50/60 entitled Crabbe III v
Quaye, Court of Appeal, 31 July 1970, unreported, by which judgment the land
was declared to be for the Sempe stool, he “approached the Sempe Mantse who
made a customary grant of the land in dispute to him.”<o:p></o:p>Thus, the
main issue which arose for determination in the consolidated actions was, which
of the parties had a better title to the land? All the parties gave evidence
and called witnesses. They also tendered various documents in support of their
respective claims. At the end of the trial, the learned trial judge gave
judgment for the plaintiffs and decreed title in the lands in them. She also
awarded nominal damages of ¢250,000 and ¢100 to the first and second plaintiffs
respectively for trespass and restrained the defendant, his servants or agents
or both from entering the land.<o:p></o:p>It is
against this judgment that the defendant has appealed. The original grounds of
appeal filed by the defendant were that:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0in;margin-right:0in;
margin-bottom:5.0pt;margin-left:.75in;mso-add-space:auto;text-align:justify;
text-indent:-.25in;mso-pagination:none;mso-list:l0 level1 lfo1;border:none;
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