DANIEL ELIAS WILLIAMS JOSEPH PER HIS LAWFUL ATTORNEY JOHN ADDAI vs. OKOMFO ANOKYE AMOAPONG STOOL, ACTING BY ITS OCCUPANT NANA FRIMPONG ANOKYE ABABIO AND OTHER [2010]DLHC8477

DANIEL ELIAS WILLIAMS JOSEPH PER HIS LAWFUL ATTORNEY JOHN ADDAI vs. OKOMFO ANOKY... [2010]DLHC8477

Date	2010-04-28
Suit No.	SUIT NO. C1/13/13
Citation No.	[2010]DLHC8477

HIS LORDSHIP JUSTICE JACOB B. BOON

JOHN BREFO FOR THE APPLICANT

ASANTE KROBEA FOR RESPONDENT

[2010]DLHC8477
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													<main id="main" class="content" style="min-height: 60rem" >DANIEL ELIAS
WILLIAMS JOSEPH PER HIS LAWFUL ATTORNEY JOHN ADDAI<o:p></o:p>vs.<o:p></o:p>OKOMFO ANOKYE AMOAPONG STOOL, ACTING BY ITS OCCUPANT NANA
FRIMPONG ANOKYE ABABIO AND OTHER<o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. C1/13/13&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 APRIL, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JOHN
BREFO FOR THE APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ASANTE
KROBEA FOR RESPONDENT<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:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>The plaintiff/applicant,
to be referred to as the applicant, has instituted an action in respect of a
property known as plot number 105, Old Town Section ‘B’ Kumasi claiming title
to it, a declaration that a lease executed between the Asantehene and the first
defendant/respondent, to be referred to as the respondent, in favour of the
respondent and &nbsp;registered by the second
defendant was tainted with fraud, an order cancelling the said lease on the ground
of fraud, and injunction to restrain the applicant from interfering with or
collecting rents in respect of the said property.<o:p></o:p><o:p>&nbsp;</o:p>In furtherance of
his action, the applicant has applied for interim injunction against the
respondent pending the final determination of the suit. He has also prayed for
an order appointing the Registrar of the High Court, Kumasi as Manager/Receiver
of the property, or to be permitted to continue to act in that capacity as he
was so appointed in an earlier action regarding the same property.<o:p></o:p><o:p>&nbsp;</o:p>In an affidavit
filed by the attorney of applicant in support of the application, it was
deposed that the property was originally leased to Chief Kojo Apaw, then
Omanhene of Agona. Though not stated in the affidavit, that lease was for a
period of fifty years, and it was executed between Chief Kojo Apaw and the
Government of Ashanti. The fifty year term was from 1st January,
1928 to 31st December, 1977. Chief Kojo Apaw later assigned his
interest in the property to George Bechir Moukarzel who in turn, by a deed of 3rd
September, 1946, assigned it to William Joseph who is the grandfather of the
applicant. The applicant asserted that his grandfather improved the property by
putting up two floors of buildings to the structure he took possession of, and appointed
one Gyambibi, to manage it on his behalf; that Gyambibi who died in 1983, purported
to devise the property to his daughters. This was resisted by William Joseph
who instituted legal proceedings against the executors and daughters of
Gyambibi and judgment was entered for him by the High Court on 10th
December, 2003. It is instructive to state that this was at the time the assignment
held by him had long expired. May I also, at this juncture, point out that in
paragraph 15 of the affidavit of applicant’s attorney he wrongly referred to
the reliefs in the instant action as those claimed by William Joseph in the
suit against the executors of Gyambibi and his daughters. That aside, it is
admitted by the applicant that his grandfather did not have the expired lease
renewed. What he did was to write to the Lands Commission informing it of the
pendency of the suit instituted by him against the executors and daughters of
Gyambibi, and cautioning it not to deal with or process any document in respect
of the disputed property. This was dated 20 June, 1998.<o:p></o:p><o:p>&nbsp;</o:p>Meanwhile, the High
Court in 1994 appointed its Registrar as Receiver/Manager of the property and he
was mandated to collect rents from tenants occupying it.<o:p></o:p><o:p>&nbsp;</o:p>Now, Mr. William
Joseph passed away in the course of the litigation, according to the applicant,
and was substituted by one Elias William Joseph who was the applicant’s father.
Elias William Joseph also passed on and was in turn substituted by the
applicant and his brother, Fawzi William Joseph.<o:p></o:p><o:p>&nbsp;</o:p>It is the case of
the applicant that it has come to his notice that the respondent is in
possession of a lease as regards the disputed property, executed in his favour
by the Asantehene, inspite of the judgment in favour of his grandfather, and
the caution lodged at the Lands Commission against any dealing with the
property.<o:p></o:p><o:p>&nbsp;</o:p>Indeed, the
agreement so referred to by the applicant is a sub-lease executed in favour of
the respondent by the Golden Stool represented by the Asantehene who obtained
from the Government of Ghana on 18th</</main>