JOHN KOFI AMPRATWUM vs. ATTA SARPONG AND KWAKU ACQUAH [2006]DLCA4986

Date	2006-03-03
Suit No.	CIVIL APPEAL NO: H1/22/2005
Citation No.	[2006]DLCA4986

FARKYE J.A. (PRESIDENT)

ABBAN (MRS) J.A.

KUSI APPIAH J.A.

[2006]DLCA4986
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													<main id="main" class="content" style="min-height: 60rem" >JOHN KOFI AMPRATWUM<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>ATTA SARPONG
AND KWAKU ACQUAH<o:p></o:p>(DEFENDANTS/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;
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CIVIL APPEAL NO: H1/22/2005&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: 3RD MARCH, 2006<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;
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FARKYE
J.A. (PRESIDENT), ABBAN (MRS) J.A., KUSI APPIAH J.A.<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;
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JUDGMENT<o:p></o:p>

</div>KUSI-APPIAH,
J.A.:&nbsp;&nbsp;&nbsp; This
appeal is from the decision of the High Court, Mampong-Ashanti, given on 28th
March, 2004 per W.H.K. Addo J.&nbsp; by which
the learned Judge entered judgment for the plaintiff/respondent (herein after
called the plaintiff) against the defendants/appellants (hereinafter called the
defendants) and decreed titled in the disputed land in the plaintiff.<o:p></o:p>The case of the plaintiff as gathered from his
pleadings and especially evidence at the trial, is that, he is the head of
Bretuo family of Dadieso near Mampong-Ashanti and he sues on his own behalf and
on behalf of his family.&nbsp; <o:p></o:p>He contended that he has been in possession of the
disputed land lying at a place commonly known as Abenuase on Mampong stool land
and shares a boundary with Gyasehene of Mampong/Ashanti, Atuahene and Yaw
Sarfo.&nbsp; He claimed that his ancestors
have been in effective possession of the disputed land without any interference
for almost two hundred years until the present trespass by the defendant.&nbsp; The plaintiff avers further that about six
years prior to instituting this action, the Gyasehene who was then sick
requested him to show the second defendant the boundary between the Gyasehene
and himself since the second defendant was likely to succeed the Gyasehene upon
his demise.&nbsp; According to the plaintiff
he complied with the Gyasehene’s request in the company of the second
defendant, one Yaw Krah and the late Sarfo and Atuahene.&nbsp;&nbsp; Thereafter, the second defendant offered him
an amount of (¢300,000.00) three hundred cedis in appreciation of his good work
but he refused.&nbsp; He testified that the
defendants subsequently entered the said land and started destroying planted
maize and&nbsp; continued to do so in spite of
entreaties to them to stop their acts of&nbsp;
trespass on their land.<o:p></o:p>&nbsp;On 5th
September, 1994, the plaintiff therefore brought an action against the
defendants jointly and severally, for the following reliefs:<o:p></o:p>“(a)&nbsp;&nbsp; A
declaration that the land situate and lying at a place commonly known as
“Abenuase” land having boundaries with properties of Gyasehene of
Mampong/Ashanti, Atuahene and Yaw Sarfo is his family property<o:p></o:p>(b)&nbsp;&nbsp;&nbsp;
Damages for trespass, and<o:p></o:p>(c)&nbsp;&nbsp;&nbsp;
Perpetual injunction restraining the defendants their&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>&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; servants and privies from entering
unto the land and in no&nbsp; <o:p></o:p>&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; way interfere with the said land”<o:p></o:p>The defendants resisted the plaintiff’s claim.&nbsp; By paragraph 3 of the statement of defence,
the second defendant says that he is the head of family of the Gyase Stool,
owners of the disputed land and therefore defends the action on behalf of the
Gyase Stool and on the 1st defendant’s behalf.&nbsp; The grave men of the defendants defence is
that the plaintiff and his family are mere licensees on the disputed land.&nbsp; It is the defendants case that the plaintiff
came to marry from Mpanua and by virtue of this marriage were given a licence
by the Gyase Stool to farm on the disputed land.&nbsp; They therefore disputed the plaintiff’s claim
that his family had been in possession of the disputed land for and on behalf
of the Dadieso Stool.<o:p></o:p>The learned trial Judge after hearing evidence from
the parties gave judgment for the plaintiff and granted all the reliefs sought
by him.&nbsp; Against this decision, the
defendants have appealed.&nbsp; The grounds of
appeal as contained in the notice filed on 1st April, 2004 were as
follows:<o:p></o:p>