FKA COMPANY LTD vs. EFFAH SARKODIE [2008]DLSC2457

Date	2008-10-27
Suit No.	CIVIL APPEAL NO. J4/33/2007
Citation No.	[2008]DLSC2457

MRS WOOD CJ (PRESIDING)

ADZOE J.S.C

BROBBEY J.S.C

ANSAH J.S.C

ASIAMAH J.S.C

HENRY ORACCA TETTEH FOR PLAINTIFF/RESPONDENT/RESPONDENT

PETER BOAFO FOR THE APPELLANT

[2008]DLSC2457
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													<main id="main" class="content" style="min-height: 60rem" >FKA COMPANY LTD<o:p></o:p>vs.<o:p></o:p>EFFAH SARKODIE<o:p></o:p>[SUPREME
COURT]<o:p></o:p>CIVIL
APPEAL NO. J4/33/2007<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: 27TH OCTOBER, 2008.<o:p></o:p>

</div>COUNSEL:<o:p></o:p>HENRY
ORACCA TETTEH FOR PLAINTIFF/RESPONDENT/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">

PETER
BOAFO FOR THE APPELLANT<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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">

MRS
WOOD CJ (PRESIDING), ADZOE J.S.C, BROBBEY J.S.C, ANSAH &nbsp;J.S.C, ASIAMAH 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>WOOD
C.J<o:p></o:p>BRIEF
FACTS<o:p></o:p>The
Plaintiff/Respondent/Respondent (hereinafter known as the Plaintiff) issued out
an Amended Writ of Summons and Statement of Claim on the 27th May 2003 for the
following reliefs:<o:p></o:p>1.
Declaration of title to all that land situate, lying and being at New
Weija-Accra and containing an approximate area of 95.194 acres more or less and
bounded on the Northwest by a proposed road measuring 2891.70 feet more or
less, on the Northeast by a proposed road measuring 2656.39 feet more or less,
on the Southeast by Weija lands measuring 1889.36 feet more or less and on the
Southwest by Weija lands measuring 2068.55 more or less.<o:p></o:p>2.
Recovery of possession<o:p></o:p>3.
Damages for Trespass<o:p></o:p>4.
Perpetual Injunction<o:p></o:p>5.
Further or other orders<o:p></o:p>Plaintiff’s
case is that its Managing Director had acquired a large swathe of land from the
Weija stool by way of customary grant in or about 1980. He immediately went
into possession by clearing the land and erecting boundary pillars.<o:p></o:p>In
1998, when Plaintiff was incorporated, its Managing Director requested the
stool, acting by its Chief Nii Anto Nyame II that the documents in respect of
the land be made out in the name of the Plaintiff Company. <o:p></o:p>It
is also the case of Plaintiff Company that a cadastral plan prepared by the
Government to delineate the precise boundaries of the stool and family lands of
Weija clearly defined Plaintiff’s land in the plan, except it was marked as
“FAK” instead of “FKA” <o:p></o:p>It
was Plaintiff’s further contention that its grantor, the Weija Stool had had
its title confirmed in various judgments e.g.&nbsp;
Manche Anege Akwei v Manche Kojo Ababio IV (Accra Water Works
Acquisition) dated 24th July 1948 and another judgment of the Full Court dated
1924. Further, that various portions of the land acquired for public use by the
then Gold Coast Government paid compensation to the Weija Stool and no one
else. <o:p></o:p>Plaintiff
says the Defendant has illegally entered onto portions of its land and causing
damage and loss to Plaintiff consequently necessitating the Writ and Statement
of Claim.<o:p></o:p>The
Defendant conversely denies the Plaintiff’s claim and asserts that he acquired
the property from his grantors the Ngleshie Amanfro stool who took him to the
Chief of Weija Nii Anto Nyame II and his elders since they are “allied
families” and the Weija Chief agreed to make a grant to him of the land.
Defendant further says that he made an initial payment to the Ngleshie Amanfro
Family and subsequently made further payments to the Weija Chief and his Elders
for the land. The Defendant further contends that even though Weija Stool was
adjudged owner of the lands, the Government has nonetheless not released the
land to the Stool and therefore Plaintiff cannot claim the land as the land is
still plotted in the name of the Government.<o:p></o:p>The
trial judge after hearing entered judgment for the Plaintiffs on all the
reliefs endorsed on his writ.<o:p></o:p>Aggrieved
by the decision of the trial court the Defendant filed an appeal in the Court
of Appeal.<o:p></o:p>&nbsp;<o:p></o:p>1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; GROUNDS OF APPEAL<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The judgment is against the weight of the
evidence<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Having regard to the state of pleadings
and the evidence adduced during the trial, the court erred in entering judgment
for the Plaintiff.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Further grounds will be filed on receipt
of record of proceedings<o:p></o:p>The
Court of Appeal dismissed Defendant Appellant’s appeal and affirmed the
decision of the Court below.<o:p></o:p>Further
aggrie</main>