REV. RIGWELL ATO ADDISON & ANOR. (PLAINTIFFS/RESPONDENTS) vs. HON. SAID SINARE & 3 ORS. (DEFENDANTS/APPELLANTS) [2006]DLCA7483

REV. RIGWELL ATO ADDISON & ANOR. (PLAINTIFFS/RESPONDENTS) vs. HON. SAID SINARE &... [2006]DLCA7483

Date	2006-02-24
Suit No.	CIVIL APPEAL NO. H1/214/05
Citation No.	[2006]DLCA7483

ARYEETEY J.A. (PRESIDING)

ASIAMAH J.A.

ASAMOAH J.

MR. TIMOTHY DZANSI PLAINTIFFS/RESPONDENTS

MR. KWEKU BAAH

[2006]DLCA7483
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													<main id="main" class="content" style="min-height: 60rem" >REV. RIGWELL ATO ADDISON &amp; ANOR.<o:p></o:p>(PLAINTIFFS/RESPONDENTS)<o:p></o:p>vs.<o:p></o:p>HON. SAID SINARE &amp; 3 ORS.<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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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CIVIL
APPEAL NO. H1/214/05&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;DATE: 24TH
FEBRUARY,2006<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
TIMOTHY DZANSI PLAINTIFFS/RESPONDENTS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR. KWEKU BAAH<o:p></o:p>

</div>CORAM:<o:p></o:p>ARYEETEY
J.A. (PRESIDING), ASIAMAH J.A., ASAMOAH J.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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</div>&nbsp;ARYEETEY, J.A.<o:p></o:p>&nbsp;In the court below the plaintiffs/respondents
suing as trustees of The Church of Pentecost, Accra New Town claimed the
following reliefs:<o:p></o:p>&nbsp;1. Declaration of title to all that piece and
parcel of land being and lying at Accra New Town bounded on the North by
proposed road measuring 90 feet more or less and on the East by Korle Stool
land measuring 100 feet more or less and the South by Korle Stool land
measuring 70 feet more or less and occupying an approximate area of 0.16 acre. <o:p></o:p>2.
Damages for trespass. <o:p></o:p>3.
Perpetual injunction restraining the defendants, their agents, assigns,
workers, servants whatever from trespassing on the said property. <o:p></o:p>A
brief background to their claim is provided by their pleading as follows: The
plaintiff church, the Church of Pentecost, Accra New Town purchased the land in
dispute from the original beneficial owner whose land had been registered at
the Land Registry as No. 2054/1960. The church in turn registered the
transaction relating to the land at the Land Registry as No. 2280/90. It is the
stand of the plaintiffs that the 2nd, 3rd and 4th defendants persistently
trespassed on the land with the encouragement and support of the 1st defendant
who was the Member of Parliament for the area where the land in dispute is
situated. <o:p></o:p>On
the other hand in their pleading the 2nd and 3rd defendants contend that they
are the beneficial, equitable and legal owners of the land in dispute having
purchased it from the owner for ¢2,000,000.00 and made part payment of
¢1,000,000.00. However when they were ready to complete payment of another
¢1,000,000.00 for the land they had information that the land owner, the late
Godwin Wilfred Okoe Dinsey was mentally ill and had been admitted at the
Psychiatric Hospital in Accra. From then on their late vendor became a regular
guest at the said mental hospital by reason of his unsound mental condition.
Thus their hope of procuring the requisite executed document evidencing the
sale of the land in dispute to them from their vendor was dashed. However they contend
that since the land in dispute was first sold to them the alleged conveyance to
the plaintiffs was of no effect because their supposed vendor was mentally
incompetent to convey the land to them at the time he was supposed to have done
so. Also at the time of the purported sale of the land to the plaintiffs they
had actual and constructive knowledge of the interests of the defendants in the
land in dispute. Nevertheless the plaintiffs forcibly entered the land in
dispute which was in their possession and destroyed their property valued at
about ¢8,000,000.00. The defendants therefore counterclaim for the following
reliefs:<o:p></o:p>&nbsp;“A declaration that the 2nd defendant and her
said market women are beneficial and equitable owners of the disputed land. <o:p></o:p>1. A declaration that the
purported purchase by the plaintiffs of the disputed land is a nullity. <o:p></o:p>2. A declaration that the
purported registration of the plaintiff’s alleged conveyance as land Registry
No. 2280/91 is a nullity. <o:p></o:p>3. An order that the
plaintiff’s deliver up the said registered conveyance for cancellation by the
Court. <o:p></o:p>4. General damages for
trespass and unlawful damage. <o:p></o:p>5. An order of perpetual
injunction restraining the plaintiffs whether acting by themselves or by their
agents and servants from interfering with the interest of the 2nd defendant and
her market women of their peaceful and quit enjoyment of the disputed
land".<o:p></o:p>&nbsp;In all the defendants filed six ground of
appeal as follows:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
"Judgment is against the weight of
evidence.<o:p></o:p>