ERNEST RICHTER vs. EMMANUEL GEORGE AWUKU [2015]DLCA7010

Date	2015-02-12
Suit No.	CIVIL APPEAL NO. H1/48/2014
Citation No.	[2015]DLCA7010

KUSI APPIAH (JA) (PRESIDING)

ADUAMA OSEI (JA)

MARGARET WELBOURNE (JA)

MR. ERIC ASUMAN-ADU FOR THE 1ST DEFENDANT/APPELLANT

MR. ANDREW TETTEH FOR THE PLAINTIFF/RESPONDENT

[2015]DLCA7010
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													<main id="main" class="content" style="min-height: 60rem" >ERNEST RICHTER<o:p></o:p>(PLAINTI FF /RESPONDENT)<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">EMMANUEL GEORGE AWUKU<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p><o:p>&nbsp;</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;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. H1/48/2014&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; DATE: 12TH
FEBRUARY, 2015<o:p></o:p>

</div>COUNSEL: <o:p></o:p>MR.
ERIC ASUMAN-ADU FOR THE 1ST DEFENDANT/APPELLANT<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">

MR. ANDREW TETTEH FOR THE
PLAINTIFF/RESPONDENT<o:p></o:p>

KUSI APPIAH (JA) (PRESIDING), ADUAMA
OSEI (JA), MARGARET WELBOURNE (JA)<o:p></o:p>

</div>MARGARET
WELBOURNE (JA) <o:p></o:p>This
appeal is against the judgment delivered by the High Court on 24th October,
2011.<o:p></o:p>&nbsp;The Background <o:p></o:p>This
matter is about a claim to ownership of land between two distinct families;
that is the original Richter Family and the Richter Family that developed
following the auction of some Richter properties. The original Richter Family
was represented by the plaintiff/respondent and the Richter Family that
developed is represented by the first defendant/ appellant. <o:p></o:p>The
record of appeal indicates that as early as 1821, Henrich Richter distinguished
himself as a great private merchant in Accra. He was a supplier to the Danish
Administration of goods including textiles, rum, flake, tobacco, pipes, etc. <o:p></o:p>The
plaintiff/respondent’s (hereinafter called the respondent) case, at the trial
court, was that the Richter Family was in possession of the parcel of land a
portion of which currently has a Total Filling Station at the Osu Castle
Junction as well as the Richter Fort. He further claimed that the fort was
built by his progenitor, Henrich Richter. That all along the Richter Family had
been collecting rents in respect of the Total Filling Station. It recently came
to their notice that the 1st defendant/appellant (hereinafter referred to as
the appellant) had been parading himself as the Head of Richter Family and been
collecting rents in respect of the Total Filling Station, the 2nd Defendant,
without the authorization of the Richter Family.<o:p></o:p>&nbsp;The appellant vigorously denied the
respondent’s claims and insisted that he is the head of the Richter Family
having been duly elected to that position by the accredited principal members
of the family. Even though the appellant admitted that the property in dispute
was built by Henrich Richter and his brother Christian Richter, he insisted
that the assets of Henrich Richter including the disputed property as well[sic]
the Richter Fort were sold by public auction and had thereby changed hands by
1850. It was the appellant’s case that the Richter Family (Osei Mon) Family
which does not include the respondent and which had been in occupation of the
Richter Fort since 1850 had four women as its progenitors, namely Naa Madei,
Naa Andenyira, Naa Kordey and Naa Okailey.<o:p></o:p>&nbsp;Further the appellant contended that even if
the property in dispute belonged to the respondent’s family, they had slept on
their rights by allowing the appellants’ family to be in possession for over
200 years and thus were caught by &nbsp;the
Limitation Act.<o:p></o:p>The
appellant counterclaimed for the following reliefs: <o:p></o:p>1.
Perpetual injunction restraining the Plaintiff, his heirs, agents, assigns or
any other person claiming title to the Plaintiff from laying claim to the
property of the Richter (Richter (osei Mon) Family including the Richter
gardens (fort) and the Total Filling Station adjourning the Richter
gardens(fort). <o:p></o:p>2.
An order declaring 1st defendant a duly installed head of Richter (Osei
Mon)family and therefore can negotiate on behalf of the Richter (Osei Mon)
Family with the 2nd Defendant for review and the extension of the leasehold
agreement between the Richter (Osei Mon) Family and Total Petroleum Ghana Ltd. <o:p></o:p>At
the close of pleadings the issues that were set for trial were the following:<o:p></o:p>&nbsp;1. Whether or not the property in issue
belongs to the Richter Family of Osu, <o:p></o:p>