TACKlE vs. LAMPTEY [2002]DLCA1270

Date	2002-03-01
Suit No.
Citation No.	[2002]DLCA1270

WOOD JA

TWUMASI JA

ARYEETEY JA

G. HEWARD-MILLS FOR ADUMUA-BOSSMAN FOR APPLICANT.

NATHANIEL MYERS FOR RESPONDENT.

[2002]DLCA1270
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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">TACKlE<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">LAMPTEY<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>&nbsp;[2001-2002] 2 GLR 186<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: 1 MARCH 2002<o:p></o:p>

</div><a name="_gjdgxs"></a>COUNSEL: <o:p></o:p>G.
HEWARD-MILLS FOR ADUMUA-BOSSMAN FOR APPLICANT.<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">

NATHANIEL
MYERS FOR RESPONDENT. <o:p></o:p>

WOOD,
TWUMASI AND ARYEETEY JJA<o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Twumasi JA. <o:p></o:p>By
her statement of claim the appellant (hereinafter called the plaintiff) accused
the respondent (hereinafter called the defendant) of committing acts of
trespass upon the plaintiff’s property which consisted of a piece of land with
building thereon which had reached lintel level. The defendant was alleged to
have demolished part of the plaintiff’s said building. The plaintiff claimed
ownership of the land by grant to her by the Nii Charbukwe family of Anyah in
the Sempe Division of the Ga Traditional Area in 1986 and she held an indenture
and a registration certificate from the Lands Secretariat and a building
permit. The defendant, for her part, by paragraph (5) of her statement of
defence vehemently denied the allegation of trespass averred in paragraph (8) of
the plaintiff’s statement of claim and averred in answer to the plaintiffs
claim that she became the owner of the same land way back in 1976 by a grant to
her by Nikoi Olai stool family. While the plaintiff described the land as lying
and situate at Anyah, Accra with specific measurements of its size as stated in
the endorsement of her writ of summons, the defendant described the land as
situate at North Odorkor. Awoshie and said it fell within the Mukose lands. The
defendant did not state the division in her pleadings, though. However, the
defendant also made a counter accusation of trespass against the plaintiff by
alleging that the plaintiff demolished her wooden structure on the land and
commenced building operations despite warnings and protestation from the
defendant and her husband. This confrontation ended up in a court action
instituted by the plaintiff.<o:p></o:p>At
the trial, after both parties had tendered their documents of title including
site plans the need for a proper identification of the land became imperative.
At this juncture the parties on either side with their legal advisers in full
participation agreed that the situation demanded a superimposition of a
composite site plan of the whole area with a view to locating the disputed land
on the said composite plan. A consent order was accordingly made by the trial
judge appointing the regional surveyor of the Survey Department to do the job
and to testify in court about his finding.<o:p></o:p>In
his judgment the learned judge summarised his finding of the work done by the
regional surveyor in the record of appeal 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">“According
to the representative who gave evidence as first court witness the parties
submitted their site plans to him. They both accompanied him to the site. At
the site Madam Koshie Lamptey pointed out her land and the land is shown edged
blue on the composite plan. The land shown by Beatrice Tackie, the plaintiff,
is edged pink. The surveyor also superimposed the site plan of the defendant
and the site revealed by the superimposition is edged green. That of the
plaintiff is edged yellow. The resultant composite plan produced by the
surveyor shows that the land shown by the plaintiff and her site plan falls in
the same place, that is the land in dispute. However, though the land pointed
by the defendant falls within the land in dispute her site plan shows that the
defendant’s land was somewhere else, in fact many yards away from the land in
dispute.”<o:p></o:p>