DR. KWABENA NTIRI RIVERSON &2 ORS vs. YAW SIAW ADDO [2005]DLSC2404

Date	2005-06-15
Suit No.	CIVIL APPEAL NO. J4/4/2005
Citation No.	[2005]DLSC2404

ATUGUBA J.S.C. (PRESIDING)

AKUFFO (MS) J.S.C

WOOD (MRS) J.S.C.

DR. DATE-BAH J.S.C

ANINAKWA J.S.C.

ADUMUA BOSSMAN FOR THE DEFENDANT/APPELLANT/RESPONDENT

BRAM LARBIE FOR THE DEFENDANT/RESPONDENT/RESPONDENT

[2005]DLSC2404
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													<main id="main" class="content" style="min-height: 60rem" >DR. KWABENA NTIRI RIVERSON &amp;2 ORS<o:p></o:p>vs.<o:p></o:p>YAW SIAW ADDO<o:p></o:p>[SUPREME
COURT]<o:p></o:p>CIVIL
APPEAL NO. J4/4/2005<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">

DATE: 15TH JUNE 2005.<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ADUMUA
BOSSMAN FOR THE DEFENDANT/APPELLANT/RESPONDENT<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">

BRAM
LARBIE FOR THE DEFENDANT/RESPONDENT/RESPONDENT<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:0in 0in 1.0pt 0in">

ATUGUBA,
J.S.C. (PRESIDING), AKUFFO (MS) J.S.C., WOOD (MRS) J.S.C., DR. DATE-BAH,
J.S.C., ANINAKWA, J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>J U D G M E N T<o:p></o:p>&nbsp;DR. DATE-BAH, J.S.C.<o:p></o:p>&nbsp;As Isaac Watts, the English hymn-writer, in
his Divine Songs for Children, says:<o:p></o:p>&nbsp;“Birds in their little nests agree<o:p></o:p>And ‘tis a shameful sight<o:p></o:p>When children of one family<o:p></o:p>Fall out, and chide, and fight.”<o:p></o:p>&nbsp;The facts of the case before us poignantly
present us with the spectacle that the father of English hymnody, Isaac Watts,
paints.&nbsp; It is a case eminently suited to
alternative dispute resolution but which has travelled all the way to this, the
final, Court of the land and so resolve it we must.&nbsp; It is a shame, however, that these close
relatives could not resolve the matter amicably among themselves.<o:p></o:p>&nbsp;An overview of the facts of this case is that
the Plaintiffs gave one version of the facts and the Defendant a conflicting
account of the facts.&nbsp; The learned trial
judge preferred the defendant’s account of the facts, but his decision was
reversed by the Court of Appeal, applying the principles laid down in Koglex
(No 2) v Field [2000] SCGLR 175.&nbsp; The
Defendant/Respondent/Appellant (who will be referred to in this judgment as the
Defendant) is now inviting this Court to restore the trial judgment.<o:p></o:p>&nbsp;The Plaintiffs/Appellants/Respondents (who are
subsequently referred to as the Plaintiffs) are the administrators of the
Estate of the late Opanyin Yaw Koranteng of Asamankese, while the Defendant is
the son of the late Opanyin Kwame Addo of Agona Swedru, an uterine brother of
the said Opanyin Koranteng.&nbsp; The brothers
were from Abetiti, Kwahu, but had settled in Asamankese and Agona Swedru
respectively to carry on their business of trading.<o:p></o:p>&nbsp;The conflicting evidence relates to the
purchase of a particular piece of real estate in Agona Swedru from the United
Africa Company.&nbsp; A Deed of Assignment
relating to the transaction was executed between the late Yaw Koranteng and the
UAC on 29th May 1972 and registered in the Deeds Registry (See Exhibit B at
p.116 of the Record).&nbsp; Before the
execution of the Deed, however, there was evidence showing that Opanyin Kwame
Addo had made the initial contact with UAC and that the receipt for the
purchase price of NC 9,000 issued by UAC in respect of the property had been
issued in his name on 20th September 1971 (See Exhibit 1A at p. 118 of the
Record).&nbsp; A letter from the Acting
Eastern Region Properties Manager of the UAC, dated 3rd September, 1971
(Exhibit 1B, at p. 119 of the Record), which is addressed to Mr. Kwame Addo of
Agona Swedru, refers to his offer of NC 9,000 and indicates that it is
receiving favourable consideration.&nbsp; On
14th September, 1971 the Ghana Properties Manager of UAC wrote to Mr. Kwame
Addo, accepting , subject to contract, his offer to purchase the property in question
for NC9,000. (See Exhibit 1D at p. 121 of the Record).&nbsp; There is other correspondence also on record
which confirms that the actual negotiation resulting in the sale of the Agona
Swedru property to Mr. Koranteng was carried out by Mr. Kwame Addo.<o:p></o:p>&nbsp;To resolve this conflict between the
negotiation by Opanyin Kwame Addo and the final conveyance being made to
Opanyin Koranteng, the Defendant pleaded in his Statement of Defence as
follows:<o:p></o:p>&nbsp;“6. In further answer Defendant says by virtue
of an affidavit sworn to by Kwame Addo on 18th October, 1971, Opanyin Kwame
Addo verified his ownership of the property and also authorised U.A.C. to
prepare the documents in the name of his junior brother, Yaw Koranteng”.<o:p></o:p>&nbsp;The Plaintiffs’ case was that Opanyin
Koranteng owned the Agona Swedru property and that the Deed of Assignment was
binding proof of that fact.&nbsp; However,
after the purchase of the property, he had authorised his elder brother,
Opanyin Kwame Addo, who was resident locally in Agona Swedru to take care of the
property on his behalf.&nbsp; Opanyin Addo had
been authorised to collect rents from the tenants on the land, to use some and
to account for the rest to Opanyin Yaw Koranteng&nbsp; Also. Kwame Addo, with the permission of his
brother Yaw Koranteng, had been permitted to occupy some of the stores in the
Swedru property without paying any rents, in view of his services to Yaw
Koranteng.&nbsp; However, after the death of
the two brothers, the Defendant, son of Kwame Addo, as earlier mentioned, had
purported to claim ownership of the property in dispute.&nbsp; This was why the Plaintiffs had brought the
present action seeking:<o:p></o:p>&nbsp;“(a) Declaration of title to all that piece or
parcel of land situate, lying and being at Agona Swedru in the Central Region
of the Republic of Ghana measuring 351 feet to the North,&nbsp; 350 feet to the South, 244 feet to the East
and 250 feet to the West and containing an approximate area of 1.91 acres or as
contained in Land Registry document No. 1814/1974 dated 29/5/72 together with
all buildings contained thereon.<o:p></o:p>&nbsp;(b) An order of account of all rents received
by Defendant in respect of the said property since March, 1999.<o:p></o:p></s</main>