ABUSUAPANYIN KWAKU APAU ASIAM vs. NANA ASIAMAH ABOAGYE AND THE DEVELOPERS/TRESPASSERS [2014]DLCA4411

ABUSUAPANYIN KWAKU APAU ASIAM vs. NANA ASIAMAH ABOAGYE AND THE DEVELOPERS/TRESP... [2014]DLCA4411

Date	2014-12-10
Suit No.	SUIT NO: H1/21/2014
Citation No.	[2014]DLCA4411

ADJEI J.A. (PRESIDING)

LOVELACE-JOHNSON J.A.

SOWAH J.A.

SIR ASANTE ANSONG FOR DEFENDANTS/APPELLANTS

WIAFE DANKWA (ESG.) FOR PLAINTIFF/RESPONDENT

[2014]DLCA4411
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													<main id="main" class="content" style="min-height: 60rem" >ABUSUAPANYIN KWAKU APAU
ASIAM<o:p></o:p>&nbsp;(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>NANA ASIAMAH ABOAGYE AND
THE DEVELOPERS/TRESPASSERS<o:p></o:p>&nbsp;(DEFENDANTS/
APPELLANTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, KOFORIDUA]<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">

SUIT
NO:&nbsp; H1/21/2014&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 10TH DECEMBER,
2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>SIR ASANTE ANSONG FOR
DEFENDANTS/APPELLANTS <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">

WIAFE
DANKWA (ESG.) 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:0in 0in 1.0pt 0in">

ADJEI
J.A. (PRESIDING), LOVELACE-JOHNSON J.A., SOWAH 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;
padding:0in 0in 1.0pt 0in">

JUDGMENT<o:p></o:p>

</div>SOWAH,
J.A:<o:p></o:p>The background facts of the dispute that
has culminated in the present appeal by the defendant/appellant from the
decision of the High Court, Koforidua are as follows:<o:p></o:p><o:p>&nbsp;</o:p>Sometime
in 1991, four families, namely the Okyeame Asiam, Nana Obeng Kwabena,
Akyeampong and Wontumi families of Larteh Ahenase decided to sue the
Okuapemhene Nana Addo Dankwah III<o:p></o:p>&nbsp;<o:p></o:p>and
the Ministry of Education for, among others, declaration of title and recovery
of possession of 435.606 acres of their family land. The heads of Nana Obeng
Kwabena, Akyeampong and Wontumi families executed a power of attorney,
appointing&nbsp; Nana Asiamah Aboagye who was
the head of the Okyeame Kwame Asiam family and the defendant/appellant herein
to prosecute the case. <o:p></o:p><o:p>&nbsp;</o:p>Suit No. 2539/91 entitled
Nana Asiamah Aboagye vs. Nana Addo Dankwah III &amp; Another was duly commenced
at the Accra High Court on 5th November 1991 and Judgment in the
case was delivered on 27th September 2002 in favour of the
plaintiffs to recover possession of the land but MINUS 37.60 acres which the
court found was in the adverse possession of Okuapeman Secondary School. At the
trial, a plan of the land showing delineations for each of the four families
was tendered.<o:p></o:p>Some 6 years after that
victory, the plaintiff/respondent herein, purporting to be the head of the Nana
Obeng Kwabena family of Larteh Ahenease instituted the action which is the
subject of this present appeal. He alleged that subsequent to the 2002
judgment, the defendant/appellant had without the knowledge and consent of the
Nana Obeng Kwabena family who were the rightful owners of the land, caused the
entire 398 acres of land to be registered in his name and had started disposing
of portions of it. The plaintiff asserted that the defendant and his family as
well as the Wontumi and Akyeampong families were licensees who were permitted
by Nana Obeng Kwabena to work on portions of his land. <o:p></o:p>The defendant resisted the
claim, also asserting his family’s ownership by virtue of first settlement by
an ancestor in about 1450. He admitted being given a power of attorney to prosecute
the case against the Okuapemanhene but contended that the heads of the Nana
Obeng Kwabena, Wontumi and Akyeampong families had stated that they had no
money to finance the litigation and had declared that if he was capable of
litigating to claim the land, he could take the land as recompense if he
succeeded and bear the cost if he lost, and so after his victory he entered the
land and has registered it to secure ownership of it. <o:p></o:p>After hearing the
plaintiff and his two witnesses as well as the defendant and his only witness
Moses Kwaku Appau Bekoe, who purported to be head of the Nana Obeng Kwabena
family, the trial High Court resolved all the issues settled for trial in
favour of the plaintiff and gave judgment for the plaintiff on all the reliefs
endo</main>