AFFRAM AND OTHERS vs DIDIYE III; TWUM II v DIDIYE III (CONSOLIDATED) [1999]DLCA104

Date	1999-02-14
Suit No.
Citation No.	[1999]DLCA104

WOOD JA

BROBBEY JA

BENIN JA

WAN ADUMUA-BOSSMAN FOR THE APPELLANT.

OFORI YEBOAH FOR THE RESPONDENT.

[1999]DLCA104
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">AFFRAM AND OTHERS<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">DIDIYE III; TWUM II v DIDIYE III (CONSOLIDATED)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>[1999-2000]
2 GLR 148<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.0pt;
mso-border-bottom-alt:solid black .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
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<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid black .5pt;
padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Date:
14 FEBRUARY 1999<o:p></o:p>

</div>COUNSEL:WAN ADUMUA-BOSSMAN FOR THE
APPELLANT.OFORI YEBOAH FOR THE
RESPONDENT.__________________________________________________________________CORAM:WOOD, BROBBEY AND BENIN JA__________________________________________________________________JUDGEMENT<o:p></o:p>Benin JA. <o:p></o:p>Delivered
the first judgment of the court at the invitation of Wood JA. I must start off
by saying that these two cases were consolidated here on appeal just to
facilitate the hearing since it became clear that the issues, both factual and
legal, were almost the same in both appeals. Hence only one statement of case
was filed by either counsel in both appeals, so that whatever analysis that may
be done will apply to both appeals; but we will not hesitate to make separate
orders should that become necessary.<o:p></o:p>The
facts giving rise to these actions were not in much disputes. For about a
hundred and fifty years the plaintiff-respondent (hereinafter called the
plaintiff) and his people, both past and present, have been licencees to the
stool of Burukuruwa (hereinafter referred to as the stool) in the Kwahu area of
the Afram plains, in respect of a large stretch of land. Sometime in the year
1990, the plaintiff and his people claimed to have discovered a document which
showed in clear language that the very land, and even more, in respect of which
they were licencees was rather their own bona fide property, the same having
been purchased by their relative, the late Kwaku Didiye. The plaintiffs
therefore obtained authenticated copies from the National Archives and then
began representations to take over the land as their own which the stool
rejected on the ground that the land was its own, over which they had placed
the plaintiffs as licencees.<o:p></o:p>A
report was made to the Kwahu Traditional Council which deliberated over the
issue and ruled in favour of the plaintiff’s family. The stool would still not
yield to their request; hence the commencement of the action at the Koforidua
High Court. In the first action, LS No 15/92, the plaintiff sued four persons
who they claimed were wrongfully dealing with the land and were refusing to
acknowledge their (plaintiffs’) ownership thereof. In the second action, LS No
83/92, the plaintiff sued the occupant of the stool. And in both actions, the
plaintiff sought declaration of title and other reliefs, which reliefs could
conveniently be described as ancillary to the main one. As pointed out earlier,
the consolidation of these two actions took place only on appeal. At the trial
level, both actions were heard separately even though it appears the evidence
led was no different, one from the other.<o:p></o:p>The
case for the parties was just as recounted in the facts stated earlier. But the
defence went a bit further to raise certain issues, a lot of them legal,
namely:<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">“(i)
That the plaintiff has no capacity to sue; <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">(ii)
that the documents discovered by the plaintiff’s family do not confer any joint
or sole ownership rights to the land on them; <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">