DOMINIC MENSAH vs. OSEI KWADWO AND OTHERS [2011]DLCA3120

Date	2011-02-25
Suit No.	H1/06/2011
Citation No.	[2011]DLCA3120

MARIAMA OWUSU J.A. [PRESIDING]

F.G. KORBIEH J.A.

I.C. DANQUAH J.A.

OBENG MANU ESQ. FOR PLAINTIFF/APPELLANT

ADU GYAMFI & ASSOCIATES FOR DEFENDANTS/RESPONDENTS

[2011]DLCA3120
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													<main id="main" class="content" style="min-height: 60rem" >DOMINIC MENSAH<o:p></o:p>vs.<o:p></o:p>OSEI KWADWO AND OTHERS<o:p></o:p>[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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H1/06/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 25-2-2011.<o:p></o:p>

</div>COUNSEL:<o:p></o:p>OBENG
MANU ESQ. 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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ADU GYAMFI &amp; ASSOCIATES FOR DEFENDANTS/RESPONDENTS<o:p></o:p>

</div>CORAM:<o:p></o:p>MARIAMA
OWUSU J.A. [PRESIDING], F.G. KORBIEH J.A., I.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;border:none;
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</div>MARIAMA OWUSU J.A<o:p></o:p>On the 12-10-09, the
Circuit Court, Obuasi dismissed the plaintiff’s claim and gave judgment for the
defendants as follows;<o:p></o:p>“[a] A declaration that the land the
subject matter of this suit, [PLOT NO. 13 E, BLOCK B, BEDIESO-OBUASI] forms
part of the Akrokerri Stool Lands.<o:p></o:p>[b] A declaration that the land was
granted to the Ghana Association of Garages, Zone Z Bidieso-Obuasi to which
both the plaintiff and defendants are members.<o:p></o:p>[c] Perpetual Injunction restraining
the plaintiff, his servants, agents etc from interfering with the use of the
land in dispute.<o:p></o:p>I shall assess cost of GH¢300.00 in
favor of the defendants against the plaintiff."<o:p></o:p>Dissatisfied with the
decision of the court, the plaintiff appealed to this court.<o:p></o:p>&nbsp;The Grounds of Appeal are;<o:p></o:p>A] That the trial court
erred when it held that the plot of land, the subject matter of the dispute was
part of Akrokerri Stool Land.<o:p></o:p>B] The trial court erred
when it held that the Akrokerri Stool could allocate and indeed validly
allocated the subject plot of land to the Garages Association.<o:p></o:p>C] The trial court erred
when it held that title to the land in dispute is in the Garages Association. <o:p></o:p>D] The judgment is against
the weight of evidence.<o:p></o:p>E] Further ground [s] of
appeal upon receipt of the record of proceedings.<o:p></o:p>The relief sought from the
Court of Appeal:<o:p></o:p>Reversal of the judgment
of the trial court and judgment entered for the plaintiff on his reliefs
sought.<o:p></o:p>Before going into the
merits or otherwise of this appeal, I would like to give a brief background of
this case.<o:p></o:p>The plaintiff at the court
below claims against the defendants the following;<o:p></o:p>[a] A declaration of title
and recovery of possession of all that parcel of land known as Plot No. 13 E
Block B, Bidieso/Obuasi.<o:p></o:p>[b] Perpetual Injunction
restraining the defendants whether by themselves, their servants, agent or
assigns from entering the said land.<o:p></o:p>In the statement of claim
that accompanied his writ of summons, the plaintiff avers among other things
that, a parcel of land now rezoned PLOT 13 A, B, C, D and E used to form part
of land acquired by the Ashanti Goldfield Corporation for its Bidieso Quarters.
Plaintiff continues that, as part of the resettlement package, this parcel of
land which was known as Plot 13 A was given to a Nigerian who served Ashanti
Goldfields Corporation Ltd [AGC] for a number of years and was proceeding on
retirement. The Nigerian sold the land to Nana Abankro of Dompoase who kept the
land and did nothing on it for a long time but permitted four mechanics
including the plaintiff to settle on the land and carry out their trade thereon
paying a token tribute to him which tribute was never fixed at the end of every
year. It is the case of the plaintiff that, at a time this Nana Abankro was a
presiding member of the Adansi West District Assembly, the Assembly acquired
the land from him and compensated him with another parcel of land at Asokore on
Obuasi Asokwa road. The land then became vested in the Adansi West District
Assembly [AWDA]. The plaintiff continues that, he and the other three artisans
thus became the licensees of the AWDA. The four mechanics are the plaintiff in
this case, Kojo Addai, Nicholas Buadwo and Nana Antwi. Plaintiff avers that, he
and his colleagues subsequently applied to the AWDA who after inviting them to
about three meetings approved their applications for commercial and residential
building plots. The plaintiff and his colleagues were made to pay consideration
in respect of their respective plots and were duly given receipts. It is
plaintiff’s case that, his plot measures 80× 70×60x 40x100 and is numbered PLOT
13 E BLOCK B for which he was given allocation note duly signed by the District
Town and Country Planning Officer.<o:p></o:p>&nbsp;Plaintiff further avers that, the defendants
herein protested and went to </main>