F.K .A COMPANY LIMITED vs. ADJEI BOADI [2011]DLCA7015

Date	2011-11-17
Suit No.	CIVIL APPEAL NO. H1/170/2010
Citation No.	[2011]DLCA7015

ABBAN (MRS.) J.A. (PRESIDING)

DUOSE J.A.

OFOE J.A.

MR. YAW ADJEI AFFRAM FOR DEFENDANT/APPELLANT

MR. HENRY ORACCA-TETTEH FOR PLAINTIFF/RESPONDENT

[2011]DLCA7015
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													<main id="main" class="content" style="min-height: 60rem" >F.K .A COMPANY LIMITED<o:p></o:p>(PLAINTIFFS/RESPONDENTS)<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">ADJEI BOADI<o:p></o:p>(DEFENDANT/
APPELLANT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. H1/170/2010&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;DATE: 17TH
NOVEMBER, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
YAW ADJEI AFFRAM FOR DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MR. HENRY ORACCA-TETTEH FOR
PLAINTIFF/RESPONDENT<o:p></o:p>

ABBAN (MRS.) J.A. (PRESIDING), DUOSE
J.A., OFOE J.A.<o:p></o:p>

</div>ABBAN
(MRS), J.A. <o:p></o:p>This
appeal emanates from a judgment of the Land Division of the High Court, Accra,
dated the 29th October, 2009. The judgment went against the defendant (herein
referred to as the Appellant) and being aggrieved, he has appealed to this
court.<o:p></o:p>&nbsp;This case has no complexity as to the facts
put before the trial High Court Judge. It is a case of two entities - one an
individual and the other a company purchasing land from the same stool under
different circumstances. The plaintiff’s Managing Director claims he acquired
the land from the Weija Stool. He got the land by way of customary grant in
year 1980. Subsequently, he requested that all documentation in respect of the
lands he purchased should be prepared in the name of the plaintiff company, FKA
Ltd. This was done in May 1998 and the company was given an indenture which it
claims it got registered. Because of defendant’s trespass on the land, it sued
him claiming – <o:p></o:p>a.
Declaration of title to all that piece or parcel of land situate lying and
being at New Weija, Accra containing an approximate area of 95.194 acres more
or less bounded on the North-West by proposed road measuring 28991.7ft more or
less on the North-East by a proposed road measuring 2656.39ft. more or less on
the South-East by the source land measuring 1889.39ft. more or less on the
South-West by the source land measuring 2068.55ft. more or less.<o:p></o:p>&nbsp;b. General damages for trespass <o:p></o:p>c.
Special damages of ¢300,000.00<o:p></o:p>&nbsp;d. Perpetual Injunction restraining the
defendant, his agents, assigns and workman from further dealing with
plaintiff’s land.<o:p></o:p>&nbsp;The defendant on the other hand claims that
initially he bought the land from the stool of Amanfrom in 1999. After purchase
and planting corner pillars, he travelled out of the country only to come back
to realize on his return that the land did not belong to the Amanfrom stool but
to the Weija Stool. He was advised by the Amanfrom Stool to see the Weija Stool
since their ownership of the land had been confirmed. After consulting the
Weija Stool, they agreed and made a grant to him of the land. He claims to have
partly developed the land given him by building thereon. Whilst accusing the
plaintiff of forgery for causing to be prepared a site plan which wrongly
covers his land, he also now believes that the land, after all, did not and
does not belong to the Weija Stool but to the Government of Ghana. He got this
information when he subsequently made a search at the Lands Commission. With
this search result he has a counterclaim asking for the court to declare the 16th
May Indenture plaintiff got from the Weija Stool null and void and order the
cancellation of this indenture. I must mention that at the trial court, the
defendant questioned the capacity of the plaintiff to issue the writ on the
grounds that the land, by the plaintiff’s own pleadings shows that the
plaintiff does not own the land. Capacity to sue should rather be in the
plaintiff’s managing director personally and not the plaintiff company. The
trial judge upheld the capacity of the plaintiff company to sue and granted it
all its reliefs except that for the special damages. It granted the plaintiff
Gh¢5000 general damages.<o:p></o:p>&nbsp;The defendant questions this judgment of the
trial judge and has mounted appeal against the judgment on six (6) grounds
which I quote hereunder: <o:p></o:p>“a. The learned trial judge erred in
law in holding that in spite of the compulsory acquisition of the disputed land
by the government of Ghana and (sic) Weija Stool made a valid grant to the
plaintiff. <o:p></o:p>b. The learned trial judge erred in
holding that the government of Ghana had given the disputed land back to the
Weija Stool.<o:p></o:p>