EMMANUEL VORGE vs. ALFRED AGYEMANG & ANOR [2007]DLCA7004

Date	2007-03-02
Suit No.	CIVIL APPEAL NO: H1/98/06
Citation No.	[2007]DLCA7004

ARYEETEY J.A. (PRESIDING)

PIESARE J.A.

DOTSE J

C. K. KOKA PLAINTIFF/APPELLANT

A. G. BOADU- CO-DEFENDANT/RESPONDENT

[2007]DLCA7004
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													<main id="main" class="content" style="min-height: 60rem" >EMMANUEL VORGE<o:p></o:p>(PLAINTIFF/ APPELLANT)<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ALFRED AGYEMANG &amp; ANOR<o:p></o:p>(DEFENDANTS/ 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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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO: H1/98/06&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 2ND
MARCH, 2007<o:p></o:p>

</div>COUNSEL: <o:p></o:p>C.
K. KOKA PLAINTIFF/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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A. G. BOADU- CO-DEFENDANT/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;
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&nbsp;ARYEETEY J.A. (PRESIDING), PIESARE J.A., DOTSE
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;
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</div>ARYEETEY,
J.A.<o:p></o:p>As
far back as 15th December, 1994 the plaintiff/appellant instituted the instant
action against the defendant claiming the following reliefs: (a) Declaration of
title to land which is the subject matter of this suit, (b) General damages for
trespass and (c) Perpetual injunction. According to the appellant, the
background to this litigation is as follows: In 1968 his late uncle by name
Joseph Kwami Vorgbe acquired the land in dispute from the Asere Stool. Between
1969 and 1971 he put up a residential apartment on the land and built a fence
wall on the boundaries of the land. Just at about the same time that his uncle
built his house the defendant's father whose land shared a common boundary with
his uncle also engaged in the construction of his house. The late Joseph Kwami
Vorgbe rented the house to the Ghana Police Service for residential purposes.
At the end of the tenancy arrangement with the Police Service somewhere around
the middle of 1980s the late Joseph Vorgbe recovered possession of the premises
which remained under his control without let or hindrance until his death in
1993. It was only after the death of the plaintiff's uncle that in 1994 the
defendant trespassed into his land, by first breaking a small portion of the
wall separating his father's land from the plaintiff's uncle's land. Following
that the plaintiff, who had been appointed his late uncle's successor and had
taken charge of his late uncle's estate approached the defendant and registered
his protest against his hostile act. The defendant was not deterred but later
went ahead and completely demolished the entire wall separating the two
properties. The plaintiff made a report to the police and while the police were
investigating the matter the defendant built a new wall which effectively dispossessed
the plaintiff of a large chunk of his late uncle's estate. The plaintiff in
turn demolished the defendant's new wall. The defendant made a report to the
police. <o:p></o:p>The
defendant counterclaimed as follows: (a) Declaration of title to all that piece
of land as being the property by purchase of his late father, Attafuah Agyeman.
(b) General and special damages for trespass. (c) Perpetual injunction. <o:p></o:p>As
the trial proceeded in the Accra Circuit Court, John Kwaku Quarshie who had
earlier on a few occasions represented the defendant in court applied to be
joined as co-defendant on the basis that he had paid an amount of ¢6,000,000.00
to the defendant for the purchase of the land in dispute. The motion for
joinder which was filed on the 8th of March 1999 was fiercely resisted by the
plaintiff. Paragraphs 3-8 of the supporting affidavit to the motion for joinder
read as follows: <o:p></o:p>"(3)
That I have been representing the defendant in this suit.<o:p></o:p>&nbsp;(4) That I do so because I have my workshop on
the land in dispute. <o:p></o:p>(5)
That the defendant collected over ¢6 million from me with the promise of
selling the land to me.<o:p></o:p>&nbsp;(6) That the defendant failed and I have
instituted action against him at the circuit court, Accra to recover my money.<o:p></o:p>&nbsp;(7) That I have bought the land in dispute
from the allodial owners.<o:p></o:p>&nbsp;(8) That any order made in this case directly
affects me and not the defendant."<o:p></o:p>&nbsp;John Kwaku Quarshie's application for joinder
was successful and he was joined as co-defendant. On 2</main>