JOHN AYIRIBATUO ADAWE vs. AJAKO KOROWO [2010]DLCA3193

Date	2010-03-28
Suit No.	CIVIL APPEAL NO. H1/193/2007
Citation No.	[2010]DLCA3193

MARIAMA OWUSU (MISS) J.A. (PRESIDING)

F.G. KORBIEH J.A.

IRENE C. DANQUAH (MS.) J.A.

MR. SOMUAH ASAMOAH COUNSEL FOR PLAINTIFF/RESPONDENT

MR. BOB TATER COUNSEL FOR DEFENDANT/APPELLANT.

[2010]DLCA3193
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													<main id="main" class="content" style="min-height: 60rem" >JOHN AYIRIBATUO ADAWE<o:p></o:p>vs.<o:p></o:p>AJAKO KOROWO<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; [COURT OF
APPEAL, KUMASI]<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">

CIVIL
APPEAL NO. H1/193/2007&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 28TH
MARCH, 2010<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR. SOMUAH ASAMOAH COUNSEL
FOR PLAINTIFF/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">

MR.
BOB TATER COUNSEL FOR DEFENDANT/APPELLANT.<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;
padding:0in 0in 1.0pt 0in">

MARIAMA
OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) 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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JUDGEMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>F.G. KORBIEH, J.A.<o:p></o:p>On the 8/8/2000 the respondent
herein (as plaintiff then) filed a writ of summons at the registry of the
Circuit Court, Bolgatanga claiming against the appellant (who and one other
person were defendants then) two reliefs which were as follows:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration that house no. ND. 72,
Pungu-Bawe, Navrongo area was the bona fide property of the plaintiff.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
“2.&nbsp; An order of interim
injunction restraining the defendants his servants, assigns from hampering or
trespassing on the said house and piece of land surrounding it”.<o:p></o:p>The statement of claim accompanying
the writ averred, among other things, that both the plaintiff and the 1st
defendant were farmers whilst the 2nd defendant was the chief of
Wusungu; that in 1996 the plaintiff was granted a piece of land by Abadoo
Talongnor; that before the plaintiff commenced the building of the house, “the
traditional rites in respect to granting of land was performed by the
Tigatu-Song represented by Kokoa Bule”; that the land was within the
jurisdiction of the Bawe chief; that “some time this year the 1st
and 2nd defendants confronted the plaintiff on the said piece of
land with the building thereon”; that the plaintiff had been living in the
house and farming around it for four years without any interference “from the
rightful owners” of the land; that the defendants had “no right of claim” to
the land wherefor he claimed per the endorsement on his writ of summons. <o:p></o:p><o:p>&nbsp;</o:p>Upon receipt of the plaintiff’s writ
of summons and statement of claim, the defendants had their lawyers file a
notice of entry of appearance which was later followed by a statement of
defence. The statement of defence may be summarized as follows: there was a
general denial of all material allegations of fact save those expressly
admitted followed by the following averments; the land in dispute lay within
the jurisdiction of the chief of Wusungu, the 2nd defendant; the 1st
defendant had confronted the plaintiff over the land in 1999 and this had led
to an arbitration before the chief of Wusungu, the 2nd defendant;
the land was the ancestral land of the Adune family of which the 1st
defendant was the head; part of the land had been granted to one Talongnor
about ten years earlier for farming purposes only; when Talongnor died his son,
Abadoo Talongnor, succeeded him and continued to farm on the land with the
consent of the 1st defendant; about four years ago Abadoo Talongnor
purported to grant the land to the plaintiff in contravention of the terms of
the license allowing him to stay on the land; the 1st defendant took
Abadoo Talongnor to the chief of Wusungu whose arbitration held that the land
belonged to the 1st defendant; the plaintiff accepted the
arbitration award and apologized to the 1st defendant but later
reneged on this;&nbsp; Bawe has no chief but
only elders as Bawe is within the jurisdiction of the chief of Wusungu (a divisional
chief); in 1998 the 1st defendant received compensation from the
Daewoo Company which had fallen economic trees on the disputed land during the
construction of the Navrongo-Paga road; the 1st defendant’s family
owned the land from time immemorial and have been granting portions of it to
other persons and also performing customary rites and other activities on the
land without let or hindrance. The defendants then counter-claimed for a
declaration of title to the land (whose boundaries they fully defined),
perpetual injunction restraining the plaintiff, his agents, assigns, heirs etc.
from disturbing the Adune family’s possession, ownership, use and enjoyment of
the land and an order of possession of the land in dispute. In his reply the
plaintiff joined issue with the defendants on their defence, denying all
material allegations of fact made therein and refuting the defendants’
counter-claim. <o:p></o:p><o:p>&nbsp;</o:p>Before the summons for directions
could be taken, the plaintiff applied for leave to amend his writ of summons
and statement of claim, alleging that his previous lawyer had not follo</main>