ARMAR NMAI BOI AND 2 OTHERS vs. ADJETEY ADJEI AND 12 OTHERS [2014]DLSC4784

Date	2014-03-19
Suit No.	CIVIL APPEAL No. J4/8/2013
Citation No.	[2014]DLSC4784

ATUGUBA JSC (PRESIDING)

ADINYIRA (MRS) JSC

YEBOAH JSC

GBADEGBE JSC

AKOTO-BAMFO (MRS) JSC

S. K. AMOAH FOR THE DEFENDANTS/APPELLANTS/ APPELLANTS.

SAM SETH WOOD FOR THE PLAINTIFFS /RESPONDENTS/RESPONDENTS.

[2014]DLSC4784
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													<main id="main" class="content" style="min-height: 60rem" >ARMAR NMAI BOI AND 2
OTHERS<o:p></o:p>(PLAINTIFFS/RESPONDENTS/ RESPONDENTS)<o:p></o:p>vs.<o:p></o:p>ADJETEY ADJEI AND 12
OTHERS<o:p></o:p>(DEFENDANTS/APPELLANTS/ APPELLANTS)<o:p></o:p>[SUPREME
COURT, ACCRA]<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">

CIVIL APPEAL No. J4/8/2013&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 19TH MARCH, 2014<o:p></o:p>

SAM
SETH WOOD FOR THE&nbsp;&nbsp; PLAINTIFFS
/RESPONDENTS/RESPONDENTS.<o:p></o:p>

</div>SOPHIA ADINYIRA (MRS.) JSC:<o:p></o:p>This
is an appeal from the judgment of the Court of Appeal, Accra dated 16
February2012. The Plaintiffs/Respondent /Respondent (Plaintiffs), began an
action before The High Court Accra on 17 May 2007, against the
Defendants/Appellants/Appellants (Defendants) jointly and severally for the
following reliefs:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration of title to all that
piece or parcel of land situate lying and being at North Teshie and bounded on
the North by one Mr. A. Laryea’s land measuring 900 feet more or less on the
South by A. Kanton’s land measuring 900 feet more or less on the East by the
Vendor’s land measuring 400 feet more or less and on the Westby the Vendor’s
land measuring 900 feet more or less and covering an approximate area of 8.2
Acres.<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recovery of possession<o:p></o:p>c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Damages for trespass<o:p></o:p>d)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Perpetual injunction restraining the
Defendants, their servants, agents, workmen and all those claiming through them
from entering on to the land in dispute and carrying out any construction works
on the land or interfering with the land in dispute in any manner whatsoever.<o:p></o:p>The
Plaintiffs by their pleadings claimed that the land in dispute was acquired in
their names by their late father in 1961 from Nii Klu Din the then acting
Mankrado of Teshie and an indenture evidencing the sale was executed and
registered as No. 3825/1985. They claimed they entered into possession and
exercised acts of ownership over the land by fixing corner pillars and
constantly weeding it and warding off trespassers. <o:p></o:p>The
Plaintiffs stated further that they applied for and obtained a Land Title
Certificate from the Lands Title Registry in 2007. They allege the Defendants
have wrongfully entered portions of the land and have put up unauthorized
structures and have refused to quit.<o:p></o:p>The
Defendants denied the claim and countered that the land could not have been
purchased in 1961 in the Plaintiffs’ name as two of them were minors and one
was unborn then. The Defendants claimed they acquired their lands from the Tsie
We Family of the Kle Musum Quarter and they have been in undisturbed possession
for periods over 12 years as a result the Plaintiff action was not maintainable
by reason of laches and acquiescence and the Limitation Decree, NRCD 54.They
also pleaded that the Land Title Certificate was obtained by fraud and mistake.<o:p></o:p>The
Plaintiffs in their Reply filed on 12 December 2007 stated in paragraph 4 that
their late father sued the Defendants before the elders of the Kle Musum
Quarter and then before the CDR in 1981 and in all these cases it was found
that the Defendants have trespassed on their land. <o:p></o:p>The
High Court upheld the Plaintiffs’ claim and granted all their reliefs. The
Defendants being dissatisfied filed an appeal before the Court of Appeal on the
grounds that:<o:p></o:p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
learned trial Judge erred in failing to hold that the Plaintiffs’ action is
statute barred,<o:p></o:p>ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
learned trial Judge failed to adequately consider the Defendants’ case.<o:p></o:p>iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
learned trial Judge erred in upholding the Plaintiffs’ claim.<o:p></o:p>iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
learned trial Judge erred in failing to hold that the Plaintiffs procured their
Land Certificate through fraud.<o:p></o:p>v.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
Judgment is against the weight of evidence.<o:p></o:p>