ADJOA ADADZEWA vs. ADJOA WANGAR [2006]DLCA6210

Date	2006-02-17
Suit No.	CIVIL APPEAL NO. H 1/57/05
Citation No.	[2006]DLCA6210

GBADEDBE J.A. (PRESIDING)

ADDO J.A.

KUSI-APPIAH J.A.

ADDINGTON FOR APPELLANT

HARRY HAYFORD FOR RESPONDENT

[2006]DLCA6210
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													<main id="main" class="content" style="min-height: 60rem" >ADJOA
ADADZEWA<o:p></o:p>(PLAINTIFF/APPELLANT/APPELLANT)<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; &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; vs.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>ADJOA WANGAR
<o:p></o:p>(DEFENDANT/RESPONDENT/RESPONDENT)<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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APPEAL NO. H 1/57/05&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; &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: 17TH
FEBRUARY, 2006 <o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
115%;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">GBADEDBE J.A. (PRESIDING),
ADDO 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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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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</div>ADDO
J.A. <o:p></o:p>This
Appeal is from the decision of the High Court, Cape Coast sitting on appeal
from the decision of the community tribunal, Cape Coast. The Appeal was
presided over by Nana Gyamera-Tawiah J. The judgment was delivered on the 21st
day of April 2004. The Appellant aggrieved and not satisfied with the said
judgment has appealed to this court on eight grounds namely that (i) The
judgment is against the weight of evidence. (ii) That the Appellate High Court
erred by completely ignoring the salient aspect of the appellate proceedings
which shift the case in favour of the appellant. (iii) That the appellate court
erred by relying on irrelevant matters to adjudge the case in favour of the
respondent. (iv) That the appellate court erred by ignoring the principles as
enunciated in the case of MAJOLAGBE vrs LARBI. (v) That the appellate court
erred in adjudging the case in favour of a squatter who had no title to the
disputed land. (vi) That the appellate court erred by ignoring the relevance of
the Land Title Registration Law (PNDC LAW 152) to this case. (vii) That the
appellate court erred in law by finding and providing a defence for the
respondent who apparently had no defence in this case. (viii) That the costs
awarded against the appellant is harsh and excessive. The appellant sought as a
relief the setting aside of the judgment both of the appellate high court and
the trial court and asked the appellate court to adjudge that the disputed land
belonged to the appellant and that all costs awarded against the appellant both
at the trial and on appeal be set aside. <o:p></o:p>The
case itself originated from the community tribunal, now the District Court at
Cape Coast. By her amended writ of summons filed at the registry of the
community tribunal, Cape Coast, on the 24th day of September 1999, the
Plaintiff/Appellant/Appellant (hereinafter called the Appellant) claimed
against the Defendant/Respondent /Respondent (hereinafter called the
Respondent) (a) Declaration of title to all that piece or parcel of land lying
and being situated at the UTC area, Atterbury Road in Cape Coast bounded by
Nana Banyin Kwamina Awotwe’s land. (b) Recovery of possession of the disputed
land. (c) Perpetual Injunction restraining the Defendant, her
agents/servants/assigns from in anyway having anything to do with the disputed
land. (d) An order awarding general damages against Defendant for trespassing
to the disputed land. <o:p></o:p>The
appellant’s claim in the community tribunal was that she purchased the disputed
land from one Nana Kow Afedu and his family. She tendered Exhibit ‘A’ which is
a title deed registered at the Lands Commission’s secretariat as No CR 383A/96.
By this exhibit A, the land was allegedly transferred to the appellant in 1992
but the registration was effected in 1996. According to the Appellant, the
Respondent has her fish smoking ovens on the land, and despite several
entreaties made to her to vacate the land Respondent had failed to do so and
continues her acts of trespass. The Respondent, on the other hand avers that
the disputed land forms part of the land leased to the UTC by the appellant’s
vendor’s family, and therefore contends that, that same land could not have
been leased or transferred to the Appellant by that very family. <o:p></o:p>In
the community tribunal the trial was presided over by His Worship W.
Essien-Donkoh as the chairman, with two other panel members, namely B.A. Ankrah
and Emmanuel Davis. This panel started the trial from the beginning and sat
through to about half way the trial. Then the panel changed. This time
constituted differently. The panel this time was constituted by His Worship
P.A. Asare-Dua as chairman and two others namely B.A. Ankrah and Leticia
Mensah. And for the delivery of the judgment the panel changed again. This time
round it was presided over by His Worship Asare-Dua as chairman and two members
namely T.S. Hagan and Rose Forson. This panel sat to deliver judgment. So from
t</main>