OFOE OSUSSEY vs. DR. REX EMMANUEL OFOE CHACHU & ANOR. [2002]DLCA6550

Date	2002-06-27
Suit No.	CIVIL APPEAL NO. 5/1995
Citation No.	[2002]DLCA6550

WOOD J.A. (PRESIDING)

ARYEETEY J.A.

AMONOO-MONNEY J.A

MR. WILLIE AMARFIO FOR THE PLAINTIFF/APPELLANT

MR. DICK ANYADI FOR THE DEFENDANT CROSS-APPELLANT

[2002]DLCA6550
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													<main id="main" class="content" style="min-height: 60rem" >OFOE OSUSSEY<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>DR. REX EMMANUEL OFOE
CHACHU &amp; ANOR.<o:p></o:p>(DEFENDANT/CROSS-APPELLANT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>CIVIL
APPEAL NO. 5/1995&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: 27TH JUNE, 2002<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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COUNSEL:&nbsp; &nbsp; &nbsp;<o:p></o:p>

MR. WILLIE AMARFIO FOR THE
PLAINTIFF/APPELLANT <o:p></o:p>

MR. DICK ANYADI FOR THE
DEFENDANT CROSS-APPELLANT<o:p></o:p>

</div>CORAM:
<o:p></o:p>WOOD J.A. (PRESIDING),
ARYEETEY J.A., AMONOO-MONNEY J.A<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;tab-stops:62.25pt;
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</div>ARYEETEY, J.A.<o:p></o:p>&nbsp;For the purposes of this judgment I would
refer to the plaintiff/appellant as the plaintiff, the
defendant/cross-appellant as the defendant and the co-defendant/cross-appellant
as the co-defendant. As would be expected the plaintiff on one hand and the
defendant, supported by the co-defendant, on the other give conflicting
accounts of the background to this litigation. While the plaintiff asserts that
he acquired the land which is the subject matter of the dispute alone and put
up a building on it, using his own resources for his own use, the defendant
contends that it was at his initiative that the building plot upon which he
intended to build a house for his family was acquired. According to his
pleading, sometime in 1968 he discussed with the plaintiff who happens to be
his first cousin the need to acquire a building plot at Nugua to put up a
dwelling house for the use of their family members who visited Accra from Ada.
Their first effort yielded the acquisition of a building plot at Nugua from one
Kwashie Okomfo for which the defendant paid ¢40.00 by way of customary drink.
Unfortunately they learned later that that land had been earmarked for a lorry
park. <o:p></o:p>Therefore
the plaintiff led him to their common landlord called Otsiami Afotey Kojo, the
co-defendant’s father, who agreed to give them a portion of his land on which
his own building stood. Otsiami Afotey Kojo expressed his desire to adopt the
plaintiff, the defendant and their relatives who hail from Ada, as members of
his family. He would not therefore ask for payment for the building plot.
However, he only asked for acknowledgment of his ownership of the land in the
form of offer of customary drink annually. The defendant did provide the first
customary drink of on bottle of schnapps and continues to discharge his
customary obligation annually. Thereafter the defendant provided money for the
building materials and the plaintiff saw to the putting up of the building. The
understanding between the plaintiff and the defendant was that the plaintiff
being a mason would build the house with the authorization from the plaintiff
to employ additional labour as required. The defendant would pay for the
building materials as well as for additional labour. The defendant left for
Nigeria in 1972. He visited Ghana from time to time and continued with the
funding of the building project. The building project was completed and the
defendant's mother, his brother and sisters were accommodated in the house. The
plaintiff also occupied part of the building. <o:p></o:p>The
plaintiff’s side of the story is that it was he who on his own procured the
land from Otsiami Afotey Kojo for the building project. When he started the
building on the land a messenger from the Nugua stool challenged his ownership
of the land. After acknowledging the absolute title of the Nugua stool and
performing the necessary rites he was permitted to build on the land. He denies
that the plaintiff paid for the building materials. He insists that the whole
of the building project was funded by him alone without any help from the
defendant, who in any case was not in the position to do so since he was a
student and dependent of him for some time. On completion of the house he
allowed the defendant, the defendant’s mother and his siblings to live in the
house. The defendant, his mother and his siblings took advantage of his
kindness in allowing them to live with him in the house and claimed ownership
of the house. He therefore took action before the High Court to claim what
belongs to him alone.<o:p></o:p>&nbsp;By his statement of claim he claims the
following reliefs:<o:p></o:p>&nbsp;(a) A declaration of title to all that piece
or parcel of land with building thereon otherwise known as House No.34 South
Klorsai Block E3, Nugua<o:p></o:p>(b)
Recovery of possession of 3 chamber and hall from the defendant and his two
brothers, Philip and James<o:p></o:p>&nbsp;(c) Damages for trespass <o:p></o:p>(d)
Mesne profits<o:p></o:p>&nbsp;(e) Perpetual injunction restraining the
defendant, his brothers, stepmother, privies, agents etc. from interfering with
the plaintiff's enjoyment of the disputed premises.<o:p></o:p>&nbsp;By his amended counterclaim the defendant also
claims for<o:p></o:p>&nbsp;(a) Declaration of title to all that piece or
parcel of land being part and parcel of the property of the late Otsiami Afotey
Kojo and bounded on one side by the property of Kaifio, on another side by Mr.
Mensah's property, on another side by the properties of Dekanye and Laryea Kofi
and finally on another side by the property of Tsotso Mensah. <o:p></o:p>(b)
Damages for trespass<o:p></o:p>&nbsp;(c) An order for recovery of possession of
same from the plaintiff for challenging his licensor’s title.<o:p></o:p></sp</main>