E.O.BOAKYE ETC. vs. AUTO ROUTE & ORS & E. O. BOAKYE ETC. vs. THE ATTORNEY

E.O.BOAKYE ETC. vs. AUTO ROUTE & ORS & E. O. BOAKYE ETC. vs. THE ATTORNEY – GENE... [2000]DLCA7451

Date	2000-05-18
Suit No.	CIVIL APPEAL NO. 127/99
Citation No.	[2000]DLCA7451

ESSILFIE-BONDZIE JA. (PRESIDING)

TWUMASI JA.

ANSAH JA.

[2000]DLCA7451
																																						<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" >E.O.BOAKYE
ETC.<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">AUTO ROUTE &amp; ORS<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">&amp;<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">E. O. BOAKYE ETC.<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">THE ATTORNEY – GENERAL (CONSOLIDATED)<o:p></o:p><o:p>&nbsp;</o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CIVIL
APPEAL NO. 127/99&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; &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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 18TH
MAY, 2000<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:0cm 0cm 1.0pt 0cm">

ESSILFIE-BONDZIE
JA. (PRESIDING), TWUMASI JA., ANSAH JA.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>ANSAH,
JA <o:p></o:p>This
is an appeal from the Judgement of Benin JA, sitting as an additional High
Court judge given in the High Court, Accra on l9 November 1998. It is apparent
from the said judgement that two suits were consolidated for trial by the
consent of counsel. In suit No. 534/95 the first and second plaintiffs were
E.O. Boakye and Asiedu Osei, respectively. The defendants were Auto Route
Limited and M.A. Dakmak. The reliefs against the defendants in that suit were:<o:p></o:p>&nbsp;1. Damages for
unlawful arrest and detention of the second plaintiff. <o:p></o:p>2. Perpetual injunction against the defendants and their
agents for preventing the first plaintiff from development and possession of
his property plot No. 86 Tema Motorway Industrial Area. <o:p></o:p>3. Damages. <o:p></o:p>The
other suit was LS 710/95 wherein E.O. Boakye sued the Attorney-General for and
on behalf of the Land Commission and for the following relief. <o:p></o:p>“...... an order to set aside the grant by the Lands
Commission of Plot No. 86 on the Tema Motorway Industrial Area to Auto Route Limited
dated the 29th day of June, 1995 as void and that the said lease be cancelled
as the same land had previously been leased to the plaintiff”.<o:p></o:p>&nbsp;It was agreed at the trial that Auto Route
Ltd. be described as the defendant, M.A Dakmak as the second defendant the
Attorney General for and on behalf of the Lands Commission, as the third
defendant. Of the two plaintiffs in suit No., 534/95 it was the first who
appeared at the trial, the second did not. No evidence was led by him. For
convenience sake the parties will in this Judgement continue to be referred to
as the plaintiff and defendants as at the trial. <o:p></o:p>The
plaintiff’s case at the trial was that Plot No. 86, Tema Motorway Industrial
Area was leased to him<o:p></o:p>&nbsp;by the Government of Ghana acting through the
Lands Commission on 18th November 1977. It was registered as No. 632/1979.
After obtaining permission from the Department of Town and Country Planning he
started to develop it though the instrumentality of the second plaintiff. In
the course of the development the first defendant caused him to be arrested and
sent to the police station. When the plaintiff went to visit him 2nd plaintiff,
he was also asked to write a statement after which he was granted bail. <o:p></o:p>The
plaintiff maintained that he having had the plot leased to him, the Lands
Commission erred in purporting to lease same to the first defendant. Whatever
was done on the plot for the first defendant was null and void. He sought by
this action to have the lease granted for the first defendant declared null and
void, the first defendant permanently restrained from developing the plot and
then damages awarded in his favour for the unlawful manner in which he was
arrested.<o:p></o:p>&nbsp;On the other hand the first defendant said
that no grant of a lease was ever made to the first plaintiff but rather to
Boakye Darkwa and Company and registered as such. Later on he though forgery
had the said name erased in part and an insertion made to appear as if the
lessee was Boakye and Company. What was purported to have been granted to
Boakye and Company was null and void, the consequence being then that plot No.
86 was not the property of the plaintiff. The first defendant counter-claimed
for a declaration of title to the plot in dispute which he pleaded was leased
to him by the Lands Commission on 29 June 1999 and registered as No. 7368/95
and also an order of perpetual injunction against the plaintiff. <o:p></o:p>The
case for the Lands Commission was that the lease on the plot was granted to
Boakye and Darkwa Company on 18 November 1977 as borne out by the original copy
i.e lessee’s copy. The lessee breached the covenant to develop the plot within
the period agreed upon where the plot was re-entered and subsequently
re-allocated to the first defendan</main>