GODWIN QUARTEY vs. THE REGISTERED TRUSTEES [2015]DLCA6479

Date	2015-01-29
Suit No.	CIVIL APPEAL: H1/151/2013
Citation No.	[2015]DLCA6479

MARFUL SAU (JA) - PRESIDING

GYAESAYOR (JA)

MARGARET WELBOURNE (JA)

MR. CHARLES MBIEH FOR PLAINTIFF/APPELLANT

MR. CHARLES QUIST FOR DEFENDANT/RESPONDENT

[2015]DLCA6479
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													<main id="main" class="content" style="min-height: 60rem" >GODWIN QUARTEY<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REGISTERED TRUSTEES<o:p></o:p>(RESPONDENT/RESPONDENT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>CIVIL APPEAL: H1/151/2013&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
29TH JANUARY, 2015<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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COUNSEL:<o:p></o:p>

&nbsp;MR. CHARLES MBIEH FOR PLAINTIFF/APPELLANT<o:p></o:p>

&nbsp;MR. CHARLES QUIST FOR DEFENDANT/RESPONDENT<o:p></o:p>

</div>CORAM:&nbsp;&nbsp; <o:p></o:p>MARFUL SAU (JA) - PRESIDING, GYAESAYOR (JA), MARGARET
WELBOURNE (JA)<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="text-align:center;border:none;
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</div>MARGARET
WELBOURNE (JA)<o:p></o:p>&nbsp;This matter begun when the Plaintiff/appellant
(hereinafter referred to as the Appellant) issued a writ at the circuit court
against the Defendant/respondent (hereinafter referred to as the respondent)
claiming the following reliefs: <o:p></o:p>1.
Declaration of title to all that piece of land described and contained in the
site plan marked Exhibit “A” attached hereto.<o:p></o:p>&nbsp;2. Recovery of possession fortwith[sic] of the
portion of the land described in Exhibit "A" now occupied by the
Defendant.<o:p></o:p>&nbsp;3. Damages for trespass on the Plaintiff’s
family land aforementioned. <o:p></o:p>4.
Perpetual injunction restraining the defendant by themselves their agents,
workmen, privies and all those deriving from the Gbawe family lands. <o:p></o:p>5.
An order from the honourable court authorizing the Plaintiff to pull down all
unauthorized structures on the subject land however constructed on the subject
land.<o:p></o:p>&nbsp;6. The plaintiffs will pray that the court
orders that an independent Surveyor be appointed to demarcate the respective
lands of the parties being their respective site plans if any for the purposes
of comparison and identification. <o:p></o:p>7.
Any just relief.<o:p></o:p>&nbsp;The respondent operates a church. It denied
that the appellant is a principal member of the Gbawe Quartey family. The
respondent denied trespassing on the appellant’s land. He claimed that he was
put in occupation by the family of William A. Djimah, and as far as they were
aware, the land was given to William Djimah on February 3rd, 1985, by James K.
Quartey<o:p></o:p>&nbsp;After the trial, judgment was entered for the
respondent. Dissatisfied with the said judgment, the appellant appealed on the
following grounds:<o:p></o:p>&nbsp;GROUNDS
OF APPEAL <o:p></o:p>1 The judgment is against
the weight of evidence. <o:p></o:p>2 The judge erred in law
when she preferred the evidence of the Defendant to that of the Plaintiff.<o:p></o:p>&nbsp;3 The judge erred in law because since James
K. Quartey did not gift the land to William A. Djimah in 1985, the transfer of
the land to the Defendant was wrong as William A. Djimah had no title to the
land to make transfer of same to the respondent. <o:p></o:p>4 Further grounds of
Appeal shall be filed on the receipt of the Proceedings at the Lower Court. It
is noted that the appellant did not file further grounds of appeal. Thus I
shall proceed to deal with the grounds as filed. <o:p></o:p>Rule
8(1) of the Court of Appeal rules, C.I.19 states that: “an appeal to the Court shall
be by way of rehearing and shall be brought by a notice of appeal”<o:p></o:p>&nbsp;In the case of Effisah v Ansah [2005-2006]SCGLR 943, the Supreme Court held that :
<o:p></o:p>"it
was well settled that an appellate court might interfere with the findings of a
trial tribunal where specific findings of fact might properly be said to be
wrong because the tribunal had taken into account matters which are irrelevant
in law or had excluded matters which were crucially necessary for
consideration, or had come to a conclusion which no court instructing itself on
the law, would have reached, and the findings were not[sic] by the findings
might be properly set aside."<o:p></o:p>&nbsp;What was the evidence adduced by the Appellant
as against that adduced by the respondent? <o:p></o:p>From the record, the
appellant stated that he knew that the land belonged to his father. James K.
Quartey. Per Exhibit “B", the
father died on 21st May, 1980. In evidence also was a Deed of Gift dated 16th
June, 1964, from Nii Akramah II to James Quartey the appellant’s father. The
appellant is a beneficiary of the Estate of his father. The above evidence is
juxtaposed to the assertion by the respondent that the land was a Gift from James
K. Quartey to William Djimah in February 1985. The Respondent</main>