ABDUL RAHMAN MUMUNI vs. ALHASSAN IBRAHIM [2010]DLSC3050

Date	2010-11-26
Suit No.	CIVIL APPEAL No. H1/7/09
Citation No.	[2010]DLSC3050

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

F. G. KORBIEH J. A.

IRENE C. DANQUAH J.A

MICHAEL OWUSU GYAN ESQ. COUNSEL FOR PLAINTIFF/APPELLANT.

MUJEEB RAHMAN AHMED ESQ. COUNSEL FOR DEFENDANT/RESPONDENT.

[2010]DLSC3050
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													<main id="main" class="content" style="min-height: 60rem" >ABDUL RAHMAN MUMUNI<o:p></o:p>vs.<o:p></o:p>ALHASSAN IBRAHIM<o:p></o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL No. H1/7/09&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 26TH NOVEMBER, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MICHAEL OWUSU GYAN ESQ. COUNSEL FOR
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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MUJEEB RAHMAN AHMED ESQ. COUNSEL FOR
DEFENDANT/RESPONDENT.<o:p></o:p>

</div>CORAM:<o:p></o:p>MARIAMA OWUSU (MISS) J. A.
(PRESIDING), F. G. KORBIEH J. A., IRENE C.
DANQUAH J.A<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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</div>The parties in this case are
cousins, being the son of &nbsp;Mumuni Wangara
and Memunatu respectively.&nbsp; The dispute
before us is in respect of House No. Plot No.14 Block C situate in Dobile
Kambalipani Residential area, in the Wa Municipality.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff’s case at the court
below is that, the disputed plot was acquired by his late father Mumuni Wangara
in his life time.&nbsp; He continued that, his
father entered into possession after acquiring the land and laid the foundation
on it and built three rooms on it to the window level but could not complete
the construction of the house until his demise in 1985.&nbsp; It is the case of&nbsp; the plaintiff that, at the time of the death
of his father he and his other siblings were minors.&nbsp; That Madam Memunatu died sometime in 2004 and
the defendant has decided to appropriate the house to himself.&nbsp; He continued that, he complained to the
Commission on Human Right and Administrative Justice Office in Wa and there the
defendant admitted that, the plaintiff’s father purchased the land and
developed it to a point before his death.&nbsp;
It is the plaintiff’s case that, it has come to his knowledge that, the
defendant has gone to make a document alleging title to the land hence this
action.<o:p></o:p><o:p>&nbsp;</o:p>On his part the defendant’s case is
that, his mother Memunatur provided the money for the purchase of the disputed
plot and gave permission to the plaintiff’s father to develop same but the
latter only developed the foundation for two rooms which were at the foundation
stage when he lost his job and became insolvent.&nbsp; The defendant continued that, before his
death, the late Mumuni Wangara handed over the plot to his mother, Madam
Memunatu together with two receipts evidencing the payment for building permits
from the then Wa District Council.&nbsp; He
concluded that, he and his mother have fully constructed nine (9) rooms which
are all being occupied and maintained that, the house belonged to his mother
who transferred same to him before she died.&nbsp;
He therefore counter claimed for a declaration of title to the disputed
house, perpetual injunction to restrain the plaintiff from interfering with his
peaceful enjoyment of the said house and recovery of possession.<o:p></o:p><o:p>&nbsp;</o:p>At the trial, plaintiff testified
and called two witnesses.&nbsp; The defendant
also testified and called two witnesses<o:p></o:p><o:p>&nbsp;</o:p>At the end of the trial, plaintiff’s
claim was dismissed and judgment entered in favour of the defendant on his
counter claim.<o:p></o:p><o:p>&nbsp;</o:p>Dissatisfied with the decision of
the Circuit Court, the plaintiff filed the instant appeal.&nbsp; From his Notice of Appeal, the Grounds of
Appeal are as follows:<o:p></o:p>(1)&nbsp;&nbsp;&nbsp; The judgment is against the weight
of evidence adduced at the trial.<o:p></o:p>(2)&nbsp;&nbsp;&nbsp; The Circuit Court Judge committed
errors of law.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff gave the particulars
of the errors of law as follows:<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
Circuit Judge erred when he suo motu invoked Section 10 of the Limitations
Decree, 1972, NRCD54.<o:p></o:p>