JOHN BOADI AND NANA KWABENA KYERE vs. KOFI DUKU AND NANA MENSAH BONSU [2013]DLHC8505

Date	2013-06-27
Suit No.	SUIT NO. LS/143/2002
Citation No.	[2013]DLHC8505

HIS LORDSHIP JUSTICE JACOB B. BOON

ATTA POKU FOR PLAINTIFF

DEFENDANTS BY THEMSELVES.

[2013]DLHC8505
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													<main id="main" class="content" style="min-height: 60rem" >JOHN BOADI AND
NANA KWABENA KYERE<o:p></o:p>vs.<o:p></o:p>KOFI DUKU AND
NANA MENSAH BONSU<o:p></o:p>[HIGH
COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 0cm 0cm">

SUIT
NO. LS/143/2002&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
27TH JUNE, 2013<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ATTA
POKU FOR PLAINTIFF<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">

DEFENDANTS
BY THEMSELVES.<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">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-indent:
0cm;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">HIS
LORDSHIP JUSTICE JACOB B. BOON<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;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>By their amended writ
filed on 22/03/04, the plaintiffs claimed against the defendants (a)
declaration of title to building plot with an uncompleted house on it situated
at Asokwa Junction in the Adansi District of Ashanti Region, and more
particularly delineated in a site plan tendered in evidence by the plaintiff
and marked as exhibit ‘A’, (b) damages for trespass and unlawful destruction of
portions of the uncompleted house and, (c) an order of injunction to restrain
the defendants from interfering with plaintiffs possession of the property. 
 
The first plaintiff asserted that he acquired the disputed plot from the Adansi
Asokwa stool in the year 2000 for the purpose of putting up a building on it.
He averred that he paid consideration of 300,000 old cedis to the Asokwa Stool
and was issued a receipt. The receipt is dated 26th November, 2000.
It is attached to a site plan of the property and tendered by the first
plaintiff as exhibit ‘A’. The site plan in favour of first plaintiff was endorsed
by the Krontihene of Asokwa Traditional Area as well as the Unit Committee
Chairman.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff also asserted
that after paying the registration fee to the Adansi East District Assembly, he
was given a building permit to develop the plot. He pleaded and testified that
he engaged the services of a mason who started the building and when the
structure was up to window level first defendant unlawfully destroyed part of it.
He said the defendant and his agents also carried away, from the property, two
hundred cement blocks and two jerry cans. According to the plaintiff he has
been put to great loss and expense and prayed for an order to recover from the
defendants the following amounts as special damages: ¢480,000 at ¢2400 for the
loss of two hundred cement blocks; ¢520,000.00 for the two jerry cans at
¢260,000.00 each and ¢25 million for the unlawful damage caused to the
uncompleted structure.<o:p></o:p><o:p>&nbsp;</o:p>It is the case of the
plaintiff that the area where the disputed property is situated was zoned into
building plots when the development of the town expanded to cover the section;
that after the demarcation defendants’ family was allocated three whilst four
plots were retained by the Asokwa Stool. It is the further case of first
plaintiff that the disputed plot is one of the four retained by the stool; that
it was sold to him by the Krontihene acting for the stool. He therefore
contended defendants had no interest or right in the said plot. <o:p></o:p><o:p>&nbsp;</o:p>It ought to be placed
on record that the writ was originally against the first defendant, but the
second defendant joined the action on the basis that he was the head of the
family that owned the area where the disputed land is situated and he had, on
behalf of his family, previously litigated with the first plaintiff over the
plot at the then Amansie East Community Tribunal at Bekwai and judgment was
entered in favour of the family. It was averred that first defendant is a
member of that family and second defendant joined the action to protect the
interest of his family. Though he joined the action, he passed away during the
pendency of the suit. He was not substituted and the battle was fought by only
the first defendant. <o:p></o:p><o:p>&nbsp;</o:p>It is also relevant
to remark that the second plaintiff was the Krontihene of Asokwa at the time
the alleged demolition of the property took place. In that capacity, he acted
as the regent of the Asokwa stool which was vacant and it was alleged he and
the town’s unit committee members had the responsibility of alienating plots in
the area of jurisdiction of the stool. Indeed, he led evidence that he sold the
plot to the first plaintiff.<o:p></o:p><o:p>&nb</main>