PETER NKOOM AND NII ASHONG KOJO ABABIO III vs. ERIC ADJEI SOWATEY [2014]DLCA4964

Date	2014-03-13
Suit No.	CIVIL APPEAL SUIT NO. H1/138/11
Citation No.	[2014]DLCA4964

KUSI-APPIAH JA (PRESIDING)

OFOE JA

M. WELBOURNE (MRS) JA

SAMPSON OBENG FOR THE RESPONDENT

NANA AMMA AMPONSAH FOR THE APPELLANT

[2014]DLCA4964
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													<main id="main" class="content" style="min-height: 60rem" >PETER NKOOM AND NII ASHONG KOJO ABABIO III<o:p></o:p>(PLAINTIFFS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>ERIC ADJEI SOWATEY<o:p></o:p>(DEFENDANT/RESPONDENT)<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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APPEAL SUIT
NO. H1/138/11&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;13TH
MARCH, 2014<o:p></o:p>

</div>CORAM:<o:p></o:p>KUSI-APPIAH
JA (PRESIDING), OFOE JA, M. WELBOURNE (MRS) JA.&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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-top:solid windowtext 1.5pt;
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0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>OFOE,
JA<o:p></o:p>The appellants in
this judgment will be referred to as the plaintiffs and the respondent as defendant.
Since we have two plaintiffs we will have 1st plaintiff and 2nd
plaintiff where necessary.<o:p></o:p><o:p>&nbsp;</o:p>The pleadings of
the parties, as is normal with claims to large tracts of land, vests original allodial
ownership of the disputed 15.50 acres of &nbsp;land in their respective ancestors. The 1st
plaintiff claims ownership of this 15.50 acres through the 2nd
plaintiff. The 2nd plaintiff admitted this grant to the 1st
plaintiff and further claims ownership of a larger 8.2 miles land of which the 15.50
acres are a part. The 2nd plaintiff claims to be the chief of
Amrahia and lawful representative of the Nii Amoah Okromansah Family.<o:p></o:p>&nbsp;The defendant also claims to be a chief of
Maledjor and lawful head of the Sowah Anteni family. This family the defendant
alleges forms part of a larger family known as La Akotianaa family from a La
Quarter known as the Lenshie Quarter.<o:p></o:p><o:p>&nbsp;</o:p>From the pleadings
of the parties the dispute is primarily about whether Maledjor is part of
Amrahia or Maledjor is a village, now a town on its own tracing its roots to La.
For the plaintiffs, Maledjor is part of Amrahia and has no independent
existence. The defendant on the other hand claims Maledjor is a village on its
own but with traditional links to the La Stool.<o:p></o:p><o:p>&nbsp;</o:p>1st plaintiff
is claiming through the 2nd plaintiff family a grant of 15.50 acres
of land. He claims he took possession of this land and has developed a portion
leaving a wider area undeveloped. He alleges that the defendant and his privies
have prevented him from entering the remainder of the plot, hence his claim
before the High Court.<o:p></o:p>The 2nd
plaintiff claims 8.2 miles land, of which the area in dispute forms part, as
belonging to his family, Nii Amoah Okromansah family, otherwise known as Amoah
We, Abese, Amrahia. It is their case that the founder of Amrahia, Nii Amoah
Okromansah, hailed from Anomabo in the Central Region and came to reside with
the people of La. He later decided to settle near Dodowa and therefore had to
purchase land from the people of Aburi on which to settle with his family and
workmen. It is this land that is Amrahia. Nii Amoah Okromansah’s son, Nii
Ashong Kojo 1, took over from him and the present Nii Ashong Kojo 111, the 2nd
plaintiff, succeeded Nii Ashong Kojo 11. Thus the land in dispute forms part of
the land Nii Okromansah bought from the people of Aburi. Their pleadings
explained how the village of Malejor came into being. It is their story that
during the Kantamanso War fought between the Gas and the Akwapims a certain man
called Nii Sowah Gborbilor assisted the people of Amrahia after which he was
settled on a portion of Amrahia land in a valley, now known as Marlejor as
caretaker. After the death of Nii Sowah Gborbilor, his son, Marle Osokorno took
over as caretaker and it is his name Marle which gave the valley where his
father settled, the name Marle Djor, in Ga meaning Marle’ valley. After the
death of Marle the people of Amrahia appointed Ataa Ansah as caretaker. It was
after the death of Ataa Ansah that the defendant proclaimed himself chief of
Malejor. What the plaintiffs want the court to believe is that the land of
Amrahia includes Male Djor. There is no independent village of Malejor with its
own chief or head.<o:p></o:p><o:p>&nbsp;</o:p>The defendant, on
the other hand claims by his pleadings that Marle Djor is one of the villages on
the rur</main>