ISAAC NUERTEY AKWETEY vs. MANSAWA ATLANTIC WEST LTD [2010]DLHC5369

Date	2010-03-23
Suit No.	SUIT NO.BL 24/2010 TRS
Citation No.	[2010]DLHC5369

MR. JUSTICE J. B. AKAMBA J. A.

MR KOBB LUMOR FOR PLAINTIFF

MR KAKRA ESSAMUAH FOR THE DEFENDANT

[2010]DLHC5369
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													<main id="main" class="content" style="min-height: 60rem" >ISAAC NUERTEY AKWETEY<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>MANSAWA ATLANTIC WEST
LTD<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO.BL 24/2010 TRS&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 23RD
MARCH, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR KOBB LUMOR FOR
PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR
KAKRA ESSAMUAH FOR THE DEFENDANT<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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</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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JUDGMENT<o:p></o:p>

</div>This case was commenced
before the High Court Tema presided by Nana Dwamena Tawiah, J. of blessed
memory. The judge had heard evidence of both parties after which addresses were
duly filed and the case adjourned for judgment when he sadly passed away. The
Chief Justice exercising powers conferred on her by section 104 of the Courts
Act 1993 (Act 459) ordered that the &nbsp;suit
be entirely transferred from the High Court Tema to be handled by me sitting as
an additional High Court judge to be dealt with according to law. In the same
vein the Registrar of the High court Accra was ordered to cause the parties to
be notified of this transfer generally and of any hearing date of this suit. <o:p></o:p>By an amended statement of
claim without leave filed on 15/05/2006 the plaintiff claimed against the
defendant a declaration of title or ownership of the land described in a
schedule attached to the statement of claim; Recovery of the value of the
economic trees destroyed; Damages for trespass and Cost.<o:p></o:p>The schedule referred to
describes the plaintiff’s land as follows:<o:p></o:p>“All that piece of land
lying and being at Ningo, Prampram road measuring 11 ½ acres or 46 plots
bounded on the North by Apeti Torumatey’s land, on the south by Woliatse Tetteh
Siaw’s land, on the East by Victor Apetorgbor’s land and on the West by Adimeh
Mamle’s land.”<o:p></o:p>The plaintiff traces his
claim to the disputed land from his deceased father who was the first to
cultivate the said land when it was virgin land. The late father Akuetey
Okwenor planted Mango and Neem trees on the said land and upon his death the
plaintiff inherited the father’s estate including the land. Even though Plaintiff
tendered exhibit B the letters of administration granted by the Circuit Court
Tema on 10th March 2006 he did not attach the inventory to show the
extent of his father’s estate for which the grant was made.<o:p></o:p>&nbsp;The Plaintiff nonetheless tendered a plan of
his land as exhibit A. Unfortunately exhibit A has no proper key to aid
interpretation except for the &nbsp;two areas
marked A and B&nbsp; thereon as being 2.15
acres and 8.80 acres respectively and totaling 10.95 acres. Although the plan
is silent on any adjourning boundary owners the plaintiff led oral evidence to
fill in the missing gaps. In his evidence in chief plaintiff testified that the
areas marked A and B on the plan were his lands and that it was the area marked
B on the plan that the defendant had encroached on. The Plaintiff estimates the
encroached area to consist of 16 plots. Pressed under cross examination, he
gave a rough measure of the area trespasses as about eight plots. One of the
adjourning boundary owners Tekunortey Apeti testified as PW1 confirming that
plaintiff inherited the farm from his late father who shared boundaries with
his father’s land. The witness also confirms that the plaintiff had mango and
neem trees on the land just as his father’s land had similar crops but the
crops on eight acres of the plaintiff’s land were destroyed as well as portions
of his own land. The PW1, who gave his age at the time of testifying as 60,
said that Ningo lands are family lands and not stool lands. &nbsp;The Plaintiff bemoans his loss of income from his
mangoes and neem trees destroyed on the land, estimated at c600, 000 or GHc 60
and c12 million or GHc 1200 respectively per annum. He also gave his adjourning
boundary owners as Apeti Torkunorteh to the north, Apetogbo Tetteh Siaw
Wuliatse to the south, Apetogbgo Victoria to the east and on the west by Ademeh
Maamle. There is corroboration from the PW1, one of the boundary owners about
the rest of the adjourning boundary owners.<o:p</main>