DOROTHY C. ANSONG (PLAINTIFF/ RESPONDENT) vs. S. D. ADJEKUMHENE (RESPONDENT/ APPELLANTS [2005]DLCA7437

DOROTHY C. ANSONG (PLAINTIFF/ RESPONDENT) vs. S. D. ADJEKUMHENE (RESPONDENT/ APP... [2005]DLCA7437

Date	2005-02-25
Suit No.	CIVIL APPEAL NO: H/1/154/2004
Citation No.	[2005]DLCA7437

FARKYE J.A. [PRESIDING]

MRS. ABBAN J.A.

MARFUL SAU J.

MR. NTIM BOATENG FOR THE PLAINTIFF/RESPONDENT PRESENT

MR. BOB SENGALAH FOR THE DEFENDANT/APPELLANT PRESENT

[2005]DLCA7437
																																						<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" >DOROTHY C.
ANSONG<o:p></o:p>(PLAINTIFF/ RESPONDENT)<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>S. D.
ADJEKUMHENE<o:p></o:p>(RESPONDENT/
APPELLANTS)<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:0cm 0cm 1.0pt 0cm">

CIVIL
APPEAL NO: H/1/154/2004&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: 25TH FEBRUARY, 2005<o:p></o:p>

</div>COUNSEL: <o:p></o:p>MR.
NTIM BOATENG FOR THE PLAINTIFF/RESPONDENT PRESENT &nbsp;<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 0cm 0cm">

MR.
BOB SENGALAH FOR THE DEFENDANT/APPELLANT PRESENT..<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">

FARKYE
J.A. [PRESIDING] ,MRS. ABBAN J.A., MARFUL SAU J. <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>MARFUL SAU. J. <o:p></o:p>The fundamental issue which this court ought to determine
in my view is the issue whether the lease granted to the respondent by the
Lands Commission, Koforidua, was lawful and proper. <o:p></o:p>The brief facts of the case are as follows:— the
Respondent is the widow of the late K. Asante Ansong who in his lifetime was
the Managing Director of Kwahu Super Cement Block Factory Ltd. The Appellant
was a director of the company and also the customary successor of the late K.
Asante Ansong. The land the subject matter of this appeal was applied for by
the deceased husband of the Respondent in his lifetime. After the death of
respondent's husband, it was discovered that the late K. Asante Ansong failed
to complete the requisite processes to formally acquire legal title to the
land. At the time of death of K. Asante Ansong the land was neither vested
personally in the deceased husband or the company.<o:p></o:p>Being vacant the lands commission requested both the
appellant and Respondent to formally apply for a lease if they were interested.
The respondent applied as well as the appellant but the Lands Commission
granted the lease to the Respondent and the executed lease was tendered as
Exhibit 'F' at the trial. The appellant whose application was refused by the
Lands Commission entered the land in dispute and constructed two rooms on it.
The Respondent then instituted this action for declaration of title, recovery
of possession of the uncompleted buildings appellant constructed on the land,
damages and perpetual injunction at the High Court, Nkawkaw. <o:p></o:p>The trial court entered judgment for the Respondent and
it is against this judgment that he has appealed. The appellant in his notice
of appeal formulated three grounds of appeal. Additional grounds of appeal were
filed by the appellant pursuant to leave granted him by this court. In his
statement of case, counsel for the appellant argued original ground [1], that
the judgment is against the weight of evidence, and additional grounds [1] and
[2]. These grounds were that the trial judge erred in failing to rule on and
admit or reject vital exhibits tendered in evidence by the defendant, and that
the learned trial judge failed to make findings of fact in respect of the
additional issues filed by the defendant which were set down for the trial at
the summons for direction stage.<o:p></o:p>&nbsp;I have carefully
read the record of this appeal and particularly the reasons of the judgment of
the trial court which is at page 52 to 54 of the record. I do not see any
finding of fact made by the court which is not supported by the evidence
adduced at the trial. The trial Judge conclusion was based on the totality of
evidence before it, particularly Exhibit 'F' that is the lease from the Lands
Commission to the Respondent. The ground that the judgment was against the weight
of evidence adduced at the trial I find to be frivolous and ought to be
dismissed. <o:p></o:p>The next ground is that the trial court erred in failing
to rule on and admit or reject vital exhibits tendered in evidence by the
defendant. I entirely agree with counsel for appellant submission on this
ground that it was the duty of the trial Judge to have ruled on the
admissibility or other wise of the documents and that his failure sinned
against the rules on evidence.<o:p></o:p>&nbsp;From the record
however, the said documents were neither admitted formally or rejected so they
were made part of the record. Reading the record I do not see how the said
documents could have any way affected the rights of the parties as regard the
lease from the Lands Commission. I also do not see any injustice or miscarriage
of justice suffered by the appellant as a result of the trial judge's failure
to rule on the admissibility or otherwise of the documents the defendant
tendered or sought to tender at the trial. This ground also fails. <o:p></o:p>