BENJAMIN JOHNSON (PLAINTIFF/ RESPONDENT) vs. FATI WILLIAMS (DEFENDANT/APPELLANT) [2012]DLCA7882

Date	2012-12-01
Suit No.	SUIT NO. HI/168/2011
Citation No.	[2012]DLCA7882

ABBAN J.A. (PRESIDING)

DUOSE J.A.

OFOE J.A

MR. AGALGA FOR DEFENDANT/APPELLANT

MR. ALBERT ADAARE FOR PLAINTIFF/RESPONDENT

[2012]DLCA7882
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													<main id="main" class="content" style="min-height: 60rem" >BENJAMIN JOHNSON<o:p></o:p>(PLAINTIFF/ RESPONDENT)<o:p></o:p>vs.<o:p></o:p>FATI WILLIAMS<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;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SUIT NO. HI/168/2011&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;DATE:
1ST DECEMBER, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
AGALGA FOR DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
ALBERT ADAARE FOR PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

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

</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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</div>OFOE,
J.A:<o:p></o:p>The claim
of the plaintiff before the trial court was for:<o:p></o:p>“(a)
a declaration of title to all that land lying and being at Korle-Dudor, Accra
bounded on the north by a road measuring 9,585 feet more or less, on the east
by a road measuring 6,262 feet more or less, on the south by a road measuring
4,395 feet more or less and to the south-east by a road measuring 8,213 feet
more or less and covering an approximate area of about 10.8 acres.<o:p></o:p>(b)
an order for recovery of possession.<o:p></o:p>(c)
damages for trespass.<o:p></o:p>(d)
perpetual injunction restraining the Defendant either by herself, assigns,
agents, servants or privies from entering unto the land, the subject matter of
dispute or in any other way interfering with the Plaintiff’s family user or
quiet enjoyment of it.<o:p></o:p>(e)
costs.<o:p></o:p>What
do we have in the pleadings of the parties? The gist of the case of the
plaintiff on the pleadings is that his family acquired the land in dispute by a
conveyance from the then government of the Gold Coast on the 20th
day of December 1928. Their head of family was by then Mr. Gilbert Johnson.
Their ownership of the land was confirmed by a High Court judgment delivered on
the 31st day of July 1973. This judgment, it is the pleadings of the
plaintiff, is a declaration to the whole world of their title to the land.
Neither the defendant’s predecessors nor her family had ever had title to this
land and had never exercised any acts of ownership or possession over this
land. To the plaintiff therefore, Madam Commeykai or James Afutu Korley on whom
plaintiff based his title, had never ever owned this land in dispute<o:p></o:p>Defendant’s
pleadings on the other hand were to this effect: that the land in dispute was
granted her predecessor Madam Commmeykai by James Afutu Korley in September
1917, registered with number 366/1917. His predecessor developed this land
87years ago. Some of these developments were pulled down to make way for
erection of shops. For the whole period of 87years when the predecessor was on
this land neither the plaintiff’s predecessors in title nor any other person
from plaintiff’s family raised any objection to the occupation by her
predecessors in title. It was only recently when she pulled down the old
structures to put up shops that the plaintiff sought to challenge her ownership
of this land. In respect to the 1973 judgment relied on by the plaintiff, it
was the case of the defendant that they were never parties to that suit and
therefore<o:p></o:p>&nbsp;not bound by it. Defendant even doubts whether
the plaintiff’s land, if they had any land at all, covers that of the
defendant’s land now in dispute.<o:p></o:p>Examining
the writ of summons and the counterclaim of the parties, it is clear that the
plaintiff is claiming a wider area than what he is disputing with the
defendant. The defendant also admits by her counterclaim that plaintiff owns
land in that area. She shares boundary with the plaintiff on the North West.<o:p></o:p>The
trial judge granted the plaintiff all his reliefs claimed on the writ of
summons and general damages of GH¢2,000. In addition he ordered the defendant
to attorn tenant to the plaintiff on the completed buildings. I must say here
immediately that the trial judge provided no reason why he had to grant this
additional relief which was not sought for by any of the parties. But I believe
it could be because of the nature of defendant’s possession of the land that
was evident from the proceedings before her.<o:p></o:p>Aggrieved
at the trial courts judgment the defendant has appealed to this court on three
grounds<o:p></o:p><p</main>