BOI STOOL & 13 OTHERS vs. DANIEL ADDOQUAYE ADDO, BENJAMIN TETTEH ADDO AND NUUMO NMASHIE FAMILY [2015]DLCA8285

BOI STOOL & 13 OTHERS vs. DANIEL ADDOQUAYE ADDO, BENJAMIN TETTEH ADDO AND NUUMO... [2015]DLCA8285

Date	2015-11-26
Suit No.	CIVIL APPEAL NO. H1/119/2013
Citation No.	[2015]DLCA8285

KANYOKE JA (PRESIDING)

ADUAMA OSEI JA

TORKORNOO (MRS.) JA

CLARENCE TAGOE FOR 1ST AND 2ND DEFENDANTS/APPELLANTS

KWAME BOATENG FOR 3RD DEFENDANT/APPELLANT

PROSPER NYAHE FOR PLAINTIFFS/RESPONDENTS

[2015]DLCA8285
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													<main id="main" class="content" style="min-height: 60rem" >BOI
STOOL &amp; 13 OTHERS<o:p></o:p>(PLAINTIFFS/RESPONDENTS)<o:p></o:p>vs.<o:p></o:p>DANIEL
ADDOQUAYE ADDO, BENJAMIN TETTEH ADDO AND NUUMO NMASHIE FAMILY<o:p></o:p>(DEFENDANTS/APPELLANTS)<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;
padding:0cm 0cm 1.0pt 0cm">

CIVIL APPEAL NO. H1/119/2013&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;DATE:
26TH NOV, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>CLARENCE TAGOE FOR 1ST AND
2ND DEFENDANTS/APPELLANTS<o:p></o:p>KWAME BOATENG FOR 3RD
DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

PROSPER
NYAHE FOR PLAINTIFFS/RESPONDENTS<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:0cm 0cm 1.0pt 0cm">

KANYOKE
JA (PRESIDING), ADUAMA OSEI JA, TORKORNOO (MRS.) JA<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>ADUAMA OSEI<o:p></o:p><o:p>&nbsp;</o:p>In this
judgment, the Plaintiffs/Respondents are referred to as “the Plaintiffs”, and the
Defendants/Appellants are referred to as “the Defendants”.<o:p></o:p><o:p>&nbsp;</o:p>On the
26th of February, 1976, after hearing rival claims by claimants in respect of
the Adjancote Hill Acquisition, the Lands Tribunal made a determination in
favour of the Brekusuhene and rejected the claims of the Numo Nmashie Family of
Teshie and the Dowuona Family of Osu. The Numo Nmashie Family contested the
decision of the Lands Tribunal in the then Court of Appeal and on the 15th of
December, 1982, the Court of Appeal, in Civil Appeal No. 49/80, reversed the
decision of the Lands Tribunal and declared the Numo Nmashie Family as the
persons entitled to the compensation payable for the acquisition.<o:p></o:p><o:p>&nbsp;</o:p>In 1983,
an action was commenced in the High Court in which, among other reliefs, the plaintiffs
claimed a declaration of title to a parcel of land containing approximately <st1:metricconverter productid="87.68 acres" w:st="on">87.68 acres</st1:metricconverter>. The plaintiffs
in the 1983 suit, Suit No. L.323/83, claimed as the Boi Stool and their claim appeared
to be based on the title which the Brekusuhene asserted in the Adjancote Hill
Acquisition claim and also supported in Civil Appeal No. 49/80. The defendants
in Suit No. L. 323/83 also asserted the title of the Numo Nmashie Family in their
defence. It is significant in this respect that in its reasons for its decision
read on 27th January, 1999, the High Court noted that the parties in Suit No.
L.323/83 were the same as the parties in Civil Appeal No. 49/80. <o:p></o:p><o:p>&nbsp;</o:p>The main
issues that arose for determination in Suit No. L.323/83 were whether or not
the disputed land was included in the judgment in Civil Appeal No. 49/80 and
whether or not in the light of the said judgment, the plea of res judicata
availed the defendants. On those issues, the decisions of the High Court were
that the subject matter in Civil Appeal No. 49/80 formed part of the land in
dispute in Suit No. L.323/83, and that the plea of res judicata availed the
defendants against the plaintiffs. Apart from holding that the plaintiffs were
estopped from re-litigating the matters decided in Civil Appeal No. 49/80, the
High Court held in Suit No. L.323/83 that the plaintiffs failed, on the
totality of the evidence before it, to prove their title to the disputed land.
This Court in its judgment dated the 12th of November, 2004, dismissed the
plaintiffs’ appeal against the decision of the High Court in Suit No. L.323/83,
and the Supreme Court also affirmed the decisions of the High Court and this
Court.<o:p></o:p><o:p>&nbsp;</o:p>Now, on
the 20th of June, 2007, the Boi Stool and 13 others claiming to be ordinarily
resident at Boi village, instituted an action &nbsp;in the High Court for reliefs challenging the
validity of an order for possession made by the High Court on 5th March, <st1:metricconverter productid="2007 in" w:st="on">2007 in</st1:metricconverter> respect of land
which they claimed to be Boi land. The writ in the action was subsequently
amended to include a claim for declaration of title to Boi land and a claim for
a declaration that, on grounds of fraud, any judgment based on the finding that
the Numo Nmashie family are the owners of the lands and villages almost
contiguous to land acquired in the Adjancote Acquisition is null and void. In
its judgment in the action delivered on the 8th of March, 2011, the High Court
held that the judgment of the Court of Appeal in Civil Appeal No. 49/80 was
obtained by fraud and accordingly declared the same as null and void. <o:p></o:p><o:p>&nbsp;</o:p>This
appeal has been filed because the Defendants are dissatisfied with the judgment
of the High Court in the action instituted on 20th June, 2007. The judgment of
the trial Court is found at page 237 to page301 of Volume 2 of the Appeal
Record, and the Notice of Appeal filed on behalf of the 1st and 2nd Defendants
is at page 304 to page 307 of the said volume of the Record. The Notice of
Appeal of the 3rd Defendant is at pages 302 and 303 of the same volume of the
Record.<o:p></o:p><o:p>&nbsp;</o:p>The
Notice of Appeal filed on behalf of the 1st and 2nd Defendants discloses 13
grounds of objection to the judgment, while that of the 3rd Defendant discloses
2 grounds. All the 3 Defendants, by their grounds of</main>