COMFORT NORKAI BARNOR vs. AMASSEY COMMEY & ORS. [2004]DLCA6695

Date	2004-03-12
Suit No.	CIVIL APPEAL NO. 10/2000
Citation No.	[2004]DLCA6695

FARKYE J.A. PRESIDING

ADDO J.A.

QUAYE J.A.

R. A. OKARTEI – AKKO FOR APPELLANTS

SAMMY AGBODO FOR RESPONDENTS

[2004]DLCA6695
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													<main id="main" class="content" style="min-height: 60rem" >COMFORT NORKAI BARNOR<o:p></o:p>vs.<o:p></o:p>AMASSEY COMMEY &amp;
ORS.<o:p></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:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. 10/2000&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: 12TH MARCH, 2004<o:p></o:p>

SAMMY
AGBODO FOR RESPONDENTS<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ADDO J.A. <o:p></o:p>My
Lords, this is an appeal against the decision of B.O. Tetteh J. Chairman of the
Regional Tribunal sitting as additional Circuit Judge. The plaintiff in this
case, Comfort Barnor has brought this action against the defendants jointly and
severally for general damages for trespass ¢1,000,000.00 (One Million Cedis)
being cost of materials damaged and perpetual injunction. The plaintiff by her
statement of claim states that she is the incumbent head of the Lartey-Cudjoe
family Osu. She says the land the subject-matter was acquired by her maternal
grandfather, Lartey-Cudjoe in 1938. According to her the transaction was
covered by a written memorandum dated 21st March, 1938 by which the original
owner transferred title to the said Lartey-Cudjoe. She went on to state that
the house thereon was at the time of the said transaction numbered F5/12, Osu
Accra and subsequently changed to read F5/1 Animansah Osu-Accra. Plaintiff’s
case is that her said grandfather, Lartey-Cudjoe continued to remain in
uninterrupted possession till his demise. Further, as successor to
Lartey-Cudjoe they have remained in uninterrupted possession. That with the
consent of the said Lartey-Cudjoe family, she in or about December 1990
commenced a building project on the part of the land, the subject of dispute,
which project had advanced to lintel level. <o:p></o:p>She
says in the first quarter of 1992 the defendants purporting to be either
members or supporters of an Odai Quao family without any justification
destroyed her building project extensively. She said the damage done was at the
time ¢850,000.00 (Eight Hundred and Fifty Thousand Cedis) in value. She
currently requires about ¢1,000,000.00 (One Million Cedis) to make good the
required damage. She says upon her complaint to the Police the Police arrested
the defendants and arraigned them before the circuit court on 1st day of
September 1993, convicted them and cautioned and discharged them. The gravamen
of the defendant defence is that they had justification for destroying the
plaintiff’s structure on the grounds that the same was being unlawfully put up
on the Odoi Quao family land; defendant further counter claimed for declaration
of title. <o:p></o:p>On
the totality of the evidence adduced before the trial court, the trial court
found that the land subject-matter of this dispute belongs to Lartey-Cudjoe and
not the Odoi Quao family and therefore this finding destroys the basis of the
defendants counterclaims. <o:p></o:p>From
this, the defendants have appealed to this court asking us to reverse the
decision and find for them. The Appellant filed only one ground of appeal
namely that “the judgment is grossly and profoundly unreasonable and it is
further legally unwarrantable at all having regard to the evidence.” <o:p></o:p>I
must say that I have gone through the evidence and I find the conclusions
arrived at by the trial court very sound and apposite and cannot in any way
impeach the conclusions arrived at by the court. I find this Appeal without
merit and I consequently dismiss it.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<o:p></o:p>(SGD) <o:p></o:p>E. A. ADDO. J.A. <o:p></o:p>I agree<o:p></o:p>Farkye J. A.&nbsp; <o:p></o:p>FARKYE J. A. <o:p></o:p>I also agree<o:p></o:p>Quaye J. A.&nbsp; <o:p></o:p>QUAYE J. A.<o:p></o:p>

<o:p>&nbsp;</o:p></main>