OPPONG DANQUA AND PETER KWAKU FOKUO vs. ROCKSON ADUSEI AND REVEREND OHENE SARFO [2010]DLCA3654

Date	2010-05-28
Suit No.	NO. H1/2/2010
Citation No.	[2010]DLCA3654

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

F.G. KORBIEH J.A.

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

[2010]DLCA3654
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													<main id="main" class="content" style="min-height: 60rem" >OPPONG DANQUA AND PETER KWAKU FOKUO<o:p></o:p>vs.<o:p></o:p>ROCKSON ADUSEI AND REVEREND OHENE SARFO<o:p></o:p>&nbsp;[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NO. H1/2/2010&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 MAY, 2010<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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MARIAMA
OWUSU (MISS), J.A. (PRESIDING), F.G. KORBIEH, J.A. AND 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>IRENE C DANQUAH J A<o:p></o:p>In
1999, Peter Kwaku Forkuo as Head of Family and his brother the Rev. Ohene Sarfo
sold to the Defendant 50 acres of their family land at Anobeng on Mampong stool
land for ¢17,500,000.00.<o:p></o:p>The
Defendant entered the land and commenced farming operations and planted cash
crops on the land.<o:p></o:p>The
Plaintiff who is a nephew of both the Co-Plaintiff and the Co-Defendant
challenged the sale of the family land to the Defendant.&nbsp; He issued the writ on behalf of his immediate
matrilineal family against the Defendant for 5 reliefs as follows:<o:p></o:p>“1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Declaration
that ownership to all that piece or parcel of land situate and lying at a place
commonly known and called ANOBENG on Ashanti Mampong Stool land bounded by the
properties of Nana Yaw Nantie, Kwabena Abeyie, Opanyin Kwaku Kontoh and Maame
Ama Dapaah is vested in the Plaintiff family.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Special
damages of ¢250million covering proceeds of sale of food crops grown on the
disputed land without the authority of the Plaintiff’s family and made use of
by the Defendant.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; General
damages for trespass.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recovery
of possession.<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order for perpetual injunction restraining the Defendant, his agents, servants
and workmen and any person claiming title through him from interfering with
Plaintiffs family property.”<o:p></o:p>Four
days after the writ was issued, Peter Kwaku Forkuo, the Head of Family of the
Plaintiff applied to the court to be joined as a Co-Plaintiff which application
was granted on 1 March 2006.&nbsp; In his
Statement of Claim filed, the Co-Plaintiff associated himself with all the
averments contained in the Plaintiff’s Statement of Claim and as a result
sought the same reliefs as the Plaintiff.&nbsp;
<o:p></o:p>The
Defendant in his defence contended that the sale transaction was concluded by
the Co-Plaintiff and another principal member of the Plaintiff’s family by name
Ohene Sarfo after they had collected the ¢17.5million from him on behalf of the
family.&nbsp; He contended further that since
the sale of the land to him was made by the Head of Family and a principal
member, he became entitled to deal with the land as a legitimate
purchaser.&nbsp; He averred that the 2nd
Plaintiff could not collect and make use of the money he paid for the land just
to turn round to repudiate the transaction when he held himself out as acting for
and on behalf of his family.&nbsp; He averred
further that as a serious investor,&nbsp;
desirous to invest in farming, he had invested millions of cedis amounting
to ¢415million in the farm.<o:p></o:p>He
contended therefore that the 2nd Plaintiff action is not only
fraudulent but illegal.&nbsp; He set up a
counterclaim as follows:<o:p></o:p>“a. An order confirming the
sale of Plaintiff family’s property at Anobeng on Mampong Stool land with Madam
Ama Brayie and Kwabena Abayie all of Brango and Nkwanta respectively which was
sold to the Defendant.<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration
that the Defendant is the bona fide owner and purchaser for valuable
consideration of the land described in the immediately sub-paragraph.<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Perpetual
injunction restraining the Plaintiff’s</main>