ATTAH KWASI AND OTHERS vs. ALEX YEBOAH [2012]DLCA3073

Date	2012-06-29
Suit No.	CIVIL APPEAL NO. H1/31/2011
Citation No.	[2012]DLCA3073

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

F.G. KORBIEH J.A.

IRENE C. DANQUAH (MS.) J.A.

MRS. NAANA QUARTEY FOR DEFT/CO-DEFT/APPLTS

KOFI ADDO ESQ. WITH FARIDA ALI-MENSAH FO PLAINTIFF/RESPONDENTS.

[2012]DLCA3073
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >ATTAH KWASI AND OTHERS<o:p></o:p>vs.<o:p></o:p>ALEX YEBOAH<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;
padding:0in 0in 1.0pt 0in">

CIVIL
APPEAL NO. H1/31/2011&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; DATED: 29TH JUNE, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MRS.
NAANA QUARTEY FOR DEFT/CO-DEFT/APPLTS<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" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;tab-stops:6.25in;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">KOFI
ADDO ESQ. WITH FARIDA ALI-MENSAH FO PLAINTIFF/RESPONDENTS.<o:p></o:p>

</div>CORAM:<o:p></o:p>MARIAMA OWUSU (MISS) J.A. (PRESIDING),
F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;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:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGEMENT<o:p></o:p>

</div>F.G. KORBIEH, J.A.<o:p></o:p>The
facts of the case leading to this appeal are rather simple and straight
forward. Briefly put they as follows: the plaintiff/respondent (hereinafter
only referred to as the plaintiff) issued a writ of summons (which was later
amended) claiming against the defendants/appellants (hereinafter only referred
to as the defendants ) the following reliefs: (a)a declaration of title to a
piece or parcel of land numbered Plot No. 77, Block B on Atwerebene KwadwoSem Duraman
Stool land at Anyinam near Santasi, Kumasi; (b) recovery of possession of the
said land; (c) an order of perpetual injunction restraining the defendants,
their agents, servants, privies, customary successors and assigns and those who
trace their claim of title through them from interfering with the plaintiff’s
title to the said land. In support of his claim the plaintiff made the
following averments in his pleadings (as subsequently amended): that he and his
then wife acquired a piece of land known as No. 77, Block B from the Atwerebene
Kwadwo Sem Duraman Stool at Old Anyinam, Kumasi for building purposes; that the
acquisition was witnessed by an allocation note; that he cleared the land,
molded blocks and placed heaps of sand on the land; that the defendants however
trespassed on the land and used the plaintiff’s building materials to start construction
on the plot alleging that the land had been given to them by the co-defendant; that
the co-defendant had no capacity to so alienate the land; that the plaintiff lodged
a complaint against the defendants at the Asokwa Police Station but the defendants
continued to interfere with his quiet enjoyment of the property; that the defendants
purported to have sold the land to a third party who has stepped up construction
work on the plot; that the defendants’ action was illegal. <o:p></o:p>In response to these allegations, the 2nddefendant
filed a statement of defence (that was also later amended) in which he denied
the plaintiff’s averments of fact concerning the ownership of the plot in
question. He averred that he acquired the plot from the Apraman Stool which
acquisition was witnessed by a site plan and an allocation paper dated
15/7/2002; that he had conducted a search at the Lands Department and the
search revealed that the land was free from all encumbrances; that the plaintiff
had interfered with his possession of the land, claiming that the plot had been
allocated to him by the Anyinam Stool; that his grantor reported the matter to
the police who, after carrying out investigations into the matter, said that
the land fell within Apraman Stool land and not Anyinam Stool lands; that when
the nephew of the chief of Anyinam was arrested for having trespassed on the
disputed land, the said chief made a statement to the police to the effect that
the land was part of Apraman and not Anyinam stool land; that when he acquired
the plot he made 8,251 cement blocks and began to build a fence wall round the
plot but the agents of the plaintiff razed the wall to the ground; that
particulars of the special damage caused him by the demolition of the wall amounted
to GH₵3.436.23. He then made a counter-claim
for:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0in;margin-right:0in;
margin-bottom:0in;margin-left:39.0pt;margin-bottom:.0001pt;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-list:l2 level1 lfo1">(a)&nbsp;&nbsp;
A
declaration of title to the plot in dispute and recovery of possession thereof;
<o:p></o:p><p class="MsoListParagraphCxSpMiddle" style="margin-top:0in;margin-right:0in;
margin-bottom:0in;margin-left:39.0pt;margin-bottom:.0001pt;mso-add-space:auto;
text-align:justify;text-indent:-.25in;mso-list:l2 level1 lfo1">(b)&nbsp;&nbsp;
Perpetual
injunction to restrain the respondent, his agents, assigns, servants, customary
successors and all person claiming through the respondent from interfering with
the 2nd defendant’s quiet enjoyment of the land;and <o:p></o:p>(c)