POKU TRANSPORT CHILDREN’S HOSPITAL LTD vs. KOJO NSAFOAH [2012]DLCA3110

Date	2012-02-24
Suit No.	CIVIL APPEAL NO. H1/28/2012
Citation No.	[2012]DLCA3110

F.G. KORBIEH J.A. (PRESIDING)

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

ROBIN B. BATU J.A

[2012]DLCA3110
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													<main id="main" class="content" style="min-height: 60rem" >POKU TRANSPORT
CHILDREN’S HOSPITAL LTD<o:p></o:p>vs.<o:p></o:p>KOJO NSAFOAH<o:p></o:p>&nbsp;[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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CIVIL
APPEAL NO. H1/28/2012&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 24TH
FEBRUARY, 2012<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;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&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="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGEMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>F.G.
KORBIEH, J.A.<o:p></o:p>The
late Francis Kojo Poku, who was also known as Kojo Nsafoah (or Nsafuah),
acquired two plots of land adjacent to each other at Asokwa, New Amakom
Extension in Kumasi sometime in 1964. The two plots are numbered 7 and 18
respectively. The application letter for plot 7 was apparently signed by F. K.
Poku but with the inscription ‘for Kojo Nsafuah’ immediately below the
signature and name. On the lease for the same plot 7 however, the name of the
lessee was ‘F Kojo Nsafoah’. There is no evidence in respect of a corresponding
letter of application for plot 18 but there is a lease thereon that bears
‘Francis Kojo Poku’ as the lessee. Francis Kojo Poku retained possession of
both plots and actually erected two houses on them; a big one on plot 18 and a
smaller one on plot 7. He died on the 26/10/2002. On the 23/3/2010 a lawyer,
acting for and on behalf of the plaintiff/respondent (hereinafter only referred
to as the respondent), wrote a letter to the Regional Lands Officer, Ashanti,
stating that the plaintiff/respondent was the owner of Plot 7 Block U, Asokwa
New Amakom Extension and that he had not sold or transferred the property to
anyone. This was apparently in a reaction to an attempt to register a deed of
assignment made between ‘Kojo Nsafoah and Poku Transport Industries’ whereby
Kojo Nsafoahwas transferring his interest in the property at plot 7 to Poku
Transport Industries (Export) Ltd. <o:p></o:p><o:p>&nbsp;</o:p>This
led to a dispute between the plaintiff/respondent and the Chief Executive
Officer of Poku Transport Industries (Export) Ltd. (Dr. Charles Poku) as to the
ownership of plot 7 (the land in dispute). The Regional Lands Officer therefore
suspended any further action on the registration of the deed of assignment and
asked the disputing parties to have the matter resolved in court before he
could take or not take any further action on the registration of the deed of
assignment. This resulted in the respondent initiating court action against the
defendant/appellant (hereinafter only referred to as the appellant) claiming several
reliefs but the gist of which was that he be declared owner of the land in
dispute, recovery of possession of the same and further that the appellant be
ordered to pay rent to him from 1/1/2003 up to the date the appellant quit the
property and yielded vacant possession to the respondent. <o:p></o:p><o:p>&nbsp;</o:p>The
case of the respondent at the trial court may be summarized as follows: he was one
of the children of the late Francis Kojo Poku who, after he bought plot 7, not
only told him that he (Francis Kojo Poku) had bought the plot for him (respondent)
but also showed him the documents on the plot and actually took him to see the
plot. &nbsp;He further contended that the fact
that his late father used the name ‘Kojo Nsafoah’ on the documents for plot 7,
as opposed to using his official name (Francis Kojo Poku) on the documents for
plot 18 confirmed his story that his father had given the plot to him by way of
advancement. He therefore claimed ownership of the plot with the house thereon
and asked that the appellant be ordered to give him vacant possession of the
property as well as pay rent to him from 1/1/2003 till the date of vacation of
the property and interest on the arrears of rent. The appellant resisted the
claim of the respondent by denying that Francis Kojo Poku had acquired plot 7
for the respondent. It asserted that Francis Kojo Poku was also known as Kojo Nsafoah
and that he had acquired plot 7 for himself using this other name (Kojo Nsafoah)
which he was wont to do on some of his other documents. They therefore denied
that the plaintiff/respondent had any interest in or claim to the property in
dispute. It further denied that there was any agreement between it and the respondent
to entitle the latter to any rent from the former. It also averred that the respondent’s
action in demanding rent from it was statute-barred. The only issues set for
trial were the following:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0in;margin-right:0in;
margin-bottom:0in;margin-left:57.0pt;margin-bottom:.0001pt;mso-add-space:auto;
text-align:justify;text-indent:-.5in;mso-list:l2 level1 lfo1">(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the plaintiff is the owner
of Plot No. 7, Block U Asokwa, New Amakom Extension by way of advancement and
therefore entitled to collect rent.<o:p></o:p><p class="MsoListParagraphCxSpMiddle" style="margin-top:0in;margin-right:0in;
margin-bottom:0in;margin-left:57.0pt;margin-bottom:.0001pt;mso-add-space:auto;
text-align:justify;text-indent:-.5in;mso-list:l2 l</main>