THE REGISTERED TRUSTEES OF THE CATHOLIC DIOCESE OF KOFORIDUA vs. ABENA OPOKUAA AND 4 OTHERS [2009]DLCA6604

THE REGISTERED TRUSTEES OF THE CATHOLIC DIOCESE OF KOFORIDUA vs. ABENA OPOKUAA A... [2009]DLCA6604

Date	2009-03-12
Suit No.	CIVIL APPEAL No. H1/ 211/ 08
Citation No.	[2009]DLCA6604

KUSI-APPIAH J.A. (PRESIDING)

DUOSE J.A.

ADUAMA OSEI J.A.

SIR ASANTE ANSONG FOR THE PLAINTIFF/APPELLANT

MR. E. A. ANSAH FOR THE DEFENDANTS/RESPONDENTS

[2009]DLCA6604
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													<main id="main" class="content" style="min-height: 60rem" >THE
REGISTERED TRUSTEES OF THE CATHOLIC DIOCESE OF KOFORIDUA<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>ABENA
OPOKUAA AND 4 OTHERS<o:p></o:p>(DEFENDANTS/ RESPONDENTS)<o:p></o:p><o:p>&nbsp;</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/ 211/ 08&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 12TH
MARCH, 2009<o:p></o:p>

</div>COUNSEL:<o:p></o:p>SIR ASANTE ANSONG FOR THE
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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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MR. E. A. ANSAH FOR THE
DEFENDANTS/RESPONDENTS <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">KUSI-APPIAH, J.A.
(PRESIDING) DUOSE, J.A. AND ADUAMA OSEI, 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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</div>KUSI-APPIAH, J.A. <o:p></o:p>This is an appeal from the
judgment of the High Court, Nkawkaw dated on 31 March 2008, which reversed the
decision of the trial District Court, Nkawkaw dated 8 September, 2006. By its
decision, the District, Court Nkawkaw had granted the plaintiff’s claim for a
declaration of title to a piece of land fully described in the writ of summons.
The trial District Court had also upheld the plaintiff’s claim for an
injunction to restrain the defendants and their agents from going on to the
land together with cost of ¢2 million against each of five defendants. However,
no damages for trespass was awarded in favour of the plaintiff. The trial
District Court held inter alia that the plaintiff could not lead sufficient
evidence to enable it to assess the damages for trespass. <o:p></o:p>The High Court, Nkawkaw in
allowing the defendants appeal, awarded them GH¢500.00 costs. The plaintiff
felt aggrieved by the said decision and has appealed to this court on these
grounds:— <o:p></o:p>"(a) That the judgment is against
the weight of evidence. <o:p></o:p>(b) That the Learned Judge erred in
law by failing to adequately consider the effect of the document tendered by
the plaintiff/appellant which sufficiently described the appellant’s
boundaries. <o:p></o:p>(c) That the Learned High Court Judge
wrongfully introduced extraneous material into the records and rested his
decision on those matters. <o:p></o:p>(d) Additional grounds to be filed
upon the receipt of the record of proceedings.” <o:p></o:p>The facts of the case are
in a very short compass. According to Kwame Yeboah who represented the
Registered Trustees of the Catholic Diocese of Koforidua (hereinafter called
the church), testified that the church acquired the land in dispute at Akoase
from the Akoase stool about 50 years or more ago. He said the land was acquired
by grant from Nana Kwame Gyasi, the then chief of Akoase and his elders by the
church which was not reduced into writing. The church then took effective
possession of the land and built schools consisting of Primary and Middle
Schools on a portion of the land. The church also built on another portion of
the land a chapel where the faithful worship the Lord. <o:p></o:p>He added that on the
demise of Nana Kwame Gyasi, he was succeeded by Nana Ntiamoah Boateng who was
also succeeded by Nana Kwakye Acheampong (P.W.2). During the reign of Nana
Kwakye Acheampong as the chief of Akoase, the church approached him and he
agreed to give them an indenture in 2003 to perpetuate their original grant by
his predecessor. This the church registered as No. 51/2004. She also obtained
concurrence on it. It was tendered in evidence as Exhibit “A”. <o:p></o:p>According to the church,
and this seems to have caused this dispute that the defendants had trespassed
on portion of the church’s land which is vacant and undeveloped and are or have
been building thereon. The defendants had refused to heed the admonition of the
church’s catechist not to trespass on her property. Hence the
(plaintiff-appellant) church issued the writ of summons claiming: <o:p></o:p>“(1) A declaration of the Roman
Catholic Church Diocese of Koforidua’s title and ownership of all that piece or
parcel of land on Akoase stool land (unnumbered) containing an approximate area
of 20.95 acres and situate at Akoase in the Akyem Kotoku Traditional Area in
the Birim North District in the Eastern Region of Ghana and bounded on the
North-West by Akoase stool land and measuring on that side a distance of 110
feet more or less on the North-East by site for Ministry of Agriculture (cocoa
division) and measuring on that side a distance of 1,o78 feet more or less on
the East by Akoase stool land and measuring on that sid</main>