MOHAMMED ISSAKA TOURE vs. ADOLEY KPAKPO-WULU [2011]DLHC12131

Date	2011-10-12
Suit No.	SUIT NO. TRLD 44/09
Citation No.	[2011]DLHC12131

HIS LORDSHIP JUSTICE JOHN AJET-NASAM

FAUSTEL COFIE FOR PLAINTIFF

AGYEI GYAMFI FOR DEFENDANT

[2011]DLHC12131
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													<main id="main" class="content" style="min-height: 60rem" >MOHAMMED ISSAKA TOURE<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>ADOLEY KPAKPO-WULU<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO. TRLD 44/09&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;DATE: 12TH&nbsp;OCTOBER 2011<o:p></o:p>

</div>COUNSEL&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM<o:p></o:p>HIS
LORDSHIP JUSTICE JOHN AJET-NASAM<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>This action is a
declaration of title to a piece of land at Okpoi Gonno, Accra which is 0.69
acres. The defendant counterclaimed for a piece of land lying and situate at
Nungua Baatsona measuring 14.23 acres.<o:p></o:p>The facts of the
case are that, the plaintiff, Mohammed Issaka Toure stated he bought the land
in dispute from one Sakibu Alhassan Mesuna who had the land from the Nungua
Chiefs. The plaintiff stated further that when he went to Lands Commission to
register, he was met by a name of a company: Regional Construction and Building
Company Limited who, in the document at the Lands Commission were the owners of
the land in dispute. He therefore paid what is due to the company. The company presented
to him the lease document which he went further to register. Upon receipt of these
documents he built a fence wall to enclose the land. A metal gate was fixed a
foundation and he dug The plaintiff further testified that the defendant
demolished whatever he did on his land.<o:p></o:p>On the defendant’s
part, she stated the land belongs to her and it is a big land and the portion
of the plaintiff’s land is within her larger plot of land. The defendant testified
that, it was her father who was given the land by the Nungua chiefs and of
which he farmed. She took one James Addo&nbsp;
Lampoh to court when the latter took her documents. It is her case that
she had judgment against James Lampoh. The plaintiff called Reuben Avormatse a
masin who testified as one who did some masonry work for him on the land. He
testified that he started working there in 1996 and he had no confrontation
from anybody until between 2006 and 2007 when he said some gentlemen came to
claim that the land belongs to them and the next day a bulldozer raised down
what had been built.<o:p></o:p>The plaintiff to
prove his case, tendered Exhibit “A” which is an indenture between Nii Afotey
Odai IV Dzasetse and Acting Nungua Mantse and Al-haji Sakibu Al-hassan dated
the 8th day of January, 1995 and Exhibit “B” an indenture between
Regional Building &amp; Construction Company Ltd and Mohammed Issaka Toure
dated 13th November 1996. The said Exhibit “B” recited a catalogue
of deeds made between one Alex K. Hayford and Regional Building and Construction
Company Ltd. in 1989. Till finally to the plaintiff herein. Exhibit “C” is a
Land Certificate issued from the Land Title Registry to the plaintiff on the 4th
day of December 1996.<o:p></o:p>The defendant
tendered in evidence a provisional certificate given to one Nii Kpakpo-Wulu
whom she claims to be her father. It was tendered as Exhibit “2” and dated the
6th day of December 1994. This is Exhibit “2”. She also tendered a
copy of the judgment she obtained from the Tema Circuit Court against James
Addo Lampoh. In fact, Exhibit “F”&nbsp;
tendered by the plaintiff indicate a search from the Lands Commission which
indicated a Conveyance from 1/01/1978 from Nii Klu Tsuru Nmashie II to Mike
Mensah Adjei in 16/11/85 to Alex K. Hayford whereupon Alex K. Hayford on
28/03/1989 conveyed the piece of land to Regional Building and Construction
Company Ltd.<o:p></o:p>The above clearly
showed that, at the time the defendant said her father had the grant of land
from the Nungua&nbsp; Mantse, the land in
dispute was already encumbered.&nbsp; It is
trite learning that registration is notice to the whole world. The plaintiff
had registered his land &nbsp;and he had been
granted a Land Certificate. I therefore do not see how the said land cannot be
said to be for the plaintiff. All the documents he tendered were so convincing
enough as compared to the defendants document which was even a Provisional Certificate.
The judgment she tendered was not between the defendant and plaintiff and
therefore I do not see how it can be used to bind the plaintiff herein. There
was no urging on me whether the plaintiff herein knew about the said legal
tussle between the defendant herein and Addo Lampoh. Even if he knew, the legal
issues were about documents to land which she claimed she gave to the said Addo
Lampoh, I to acept that the plaintiff herein knew about the said litigation. If
he were to have gotten himself involved, I would term him as a busy body.<o:p></o:p>The work done by
the surveyor confirms each and every individual’s portion. I therefore accept Exhibit
“CW1” to be the true position of the land of the parties herein. The
plaintiff’s land is edged both red and blue and such is the position of the
court. Anything therefore found on the land adjudged to be for the plaintiff is
a trespass upon the bonafide property of the plaintiff herein. The defendant’s
land had been edged blue, so be it and it is the court’s position that, the
status quo be maintained.<o:p></o:p>I arrived at the
above position by looking at the following provisions: Section 11 of the Evidence
Act 1975 provides:<o</main>