ADIZA MOHAMADU vs. ALI ADAMU AND HARUNA AMIDU [2014]DLCA3599

Date	2014-10-21
Suit No.	SUIT NO. H1/08/2014
Citation No.	[2014]DLCA3599

ADJEI J.A (PRESIDING)

LOVELACE-JOHNSON J.A

SOWAH J.A.

MR. K. AMOAKO ADJEI (ESQ.) FOR THE 2ND DEFENDANT/ APPELLANT

MR. FRANK DONKOR (ESQ.) FOR THE PLAINTIFF/RESPONDENT

[2014]DLCA3599
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													<main id="main" class="content" style="min-height: 60rem" >ADIZA
MOHAMADU<o:p></o:p>vs.<o:p></o:p>ALI ADAMU AND HARUNA AMIDU<o:p></o:p>&nbsp;[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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&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;SUIT NO. H1/08/2014&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 21TH OCTOBER, 2014<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
K. AMOAKO ADJEI (ESQ.) FOR THE 2ND 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.
FRANK DONKOR (ESQ.) FOR THE PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM: <o:p></o:p>ADJEI
J.A, (PRESIDING) LOVELACE-JOHNSON, J.A.SOWAH J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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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>CECILIA SOWAH <o:p></o:p><span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">This an appeal against the judgment of the
Circuit Court, Koforidua, dated 26th August 2013 by which the
learned trial judge entered judgment for the plaintiff in respect of her claims
for declaration of title to land and perpetual injunction restraining the
defendant and his agents from entering the land in dispute. The trial judge also
awarded cost in the sum of GH<span style="line-height: 115%; font-family: &quot;Times New Roman&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">₵<span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">2,000 in plaintiffs favour against the 2nd
defendant.<o:p></o:p><span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">A brief back ground to the events
culminating in the appeal filed by the 2nd defendant is as follows:<o:p></o:p><span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">The plaintiff initially issued her writ of
summons against the 1st Defendant on 27th September 2005
for declaration of title and perpetual injunction. The 2nd defendant
became a party when he applied and was joined to the suit on the ground that he
had bought the land in dispute from the 1st defendant.&nbsp; By an amended writ of summons filed on 15th
October 2012, the plaintiff/respondent (hereinafter called the plaintiff)
claimed against the 1st defendant and the 2nd defendant/appellant (hereinafter
called the defendant/appellant) inter alia, declaration of title to the plot of
land in dispute, damages for demolishing the building on the land, general
damages for trespass and perpetual injunction restraining the defendants from
entering the land in dispute.<o:p></o:p><span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">The plaintiffs claim as per the
accompanying statement of claim was that the land in dispute was the
self-acquired property of her late husband Hamid Abdul Dababi (hereinafter
referred to as ‘the deceased’) who died on 17th September 1998. Her
late husband was a Nigerien from Niger but had come to this country as a young man
and lived here until his death. They had been married for 39 years but they had
no children together nor did he have any children of his own. It was the case
of the plaintiff that her deceased husband had started construction of a house
on the land with her support, and upon his death the uncompleted property
devolved on her.<o:p></o:p><span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">According to the plaintiff, the 1st
defendant who is a Nigerian had come to Ghana some 7 years after the death of
her husband with the sole aim of claiming the property of the deceased and the
2nd defendant/appellant who was a Nigerian resident at Koforidua had provided
1st defendant with support. She had been invited to the palace of the Wangara
chief on a complaint lodged by the 1st defendant. The 2nd defendant was present
at that meeting. She was informed that in accordance with Muslim system of
inheritance, the land in dispute was to be divided into four, for the 1st
defendant to take three parts. She rejected the proposal. The 2nd defendant
nevertheless entered the land and demolished the building thereon. She stopped
the workmen from further development of the land and later took the action for
redress.<o:p></o:p><span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">In their joint amended statement of defence
filed on 16th January 2013, the defendants admitted plaintiffs’
averments regarding her 39 year marriage to her late husband, and that the
deceased acquired the land from his own independent financial resources during
the subsistence of his marriage to the plaintiff. <o:p></o:p><span style="line-height: 115%; font-family: &quot;Book Antiqua&quot;, serif; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">The defendants however refuted the
allegations that the 1st defendant was not related to the deceased and that the
plaintiff had vehemently rejected the proposal to share the property. They
pleaded that the 1st defendant was a relative of plaintiffs late husband and
was appointed customary successor to help share his property among family
members. According to the defendants, at the Wangara chiefs’ palace, the
plaintiff agreed with the outcome of the meeting and even showed the exact
portion of the land she wanted. <o:p></o:p>