NII AMARKAI III ASERE DZASETSE AND ACTING ASERE MANTSE vs. TEIKO OKAI (SUBT. BY NII TACKIE AMOAH IV) AND 2 OTHERS [2016]DLCA4542

NII AMARKAI III ASERE DZASETSE AND ACTING ASERE MANTSE vs. TEIKO OKAI (SUBT. BY... [2016]DLCA4542

Date	2016-03-24
Suit No.	CIVIL APPEAL H1/234/2015
Citation No.	[2016]DLCA4542

OFOE JA (PRESIDING)

ACQUAYE JA

AGYEMANG (MRS.) JA

MR. GEORGE ESHUN FOR APPELLANT

MR. STEPHEN GRAY FOR 1ST DEFENDANT/RESPONDENT

[2016]DLCA4542
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													<main id="main" class="content" style="min-height: 60rem" >NII AMARKAI III ASERE
DZASETSE AND ACTING ASERE MANTSE<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>TEIKO OKAI (SUBT. BY NII
TACKIE AMOAH IV) AND 2 OTHERS<o:p></o:p>(1ST DEFENDANT /RESPONDENT)<o:p></o:p>[COURT
OF APPEAL (CIVIL DIVISION), 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 H1/234/2015&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 24TH MARCH 2016<o:p></o:p>

MR.
STEPHEN GRAY FOR 1ST DEFENDANT/RESPONDENT<o:p></o:p>

</div>AGYEMANG JA:-<o:p></o:p>In
this appeal the plaintiff/appellant (described hereafter alternately as the
plaintiff or the appellant) seeks a reversal of the judgment of the High Court,
dated 31st March 2015 and furthermore, that judgment be entered for him.<o:p></o:p>The
matters giving rise to the appeal are the following:<o:p></o:p>There
is a village with a number of settlements in the Greater Accra Region referred
to as Danchira lands. The plaintiff describes the lands as bounded on the North
by Manhean and Ashaladza lands, on the south by Amanfro lands, on the east by
Baanyebi Kpakpoand lands at Foma and Afuaman lands up to the Densu River, and
on the West by Akim Abuakwa land, with a total acreage of 18,665 acres.&nbsp; <o:p></o:p>The
plaintiff brought suit against the defendants at the court below claiming inter
alia, a declaration of title to the said lands and damages for trespass
thereto. <o:p></o:p>It
was the case of the plaintiff: the Asere Dzasetse and acting Asere Mantse who
brought suit on behalf of the Asere Stool, that this was ancestral property
that had been wrongfully and fraudulently appropriated by the first defendant
whose Djanbi Amu family of Otublohum had fraudulently caused the second and
third defendants to register it as the owner thereof.<o:p></o:p>According
to the plaintiff, the fraud was perpetrated when one John Ayiku Mensah of the
Djanbi Amu family swore to a statutory declaration claiming that family’s
ownership of the lands, and supported same with a site plan prepared by order
of the court in a suit brought by the plaintiff’s forbears: Nii Akramah II and
Nii Teiko I, against the defendant’s ancestor Teiko Armah: Suit No. 18/61. It
was the plaintiff’s pleading that the court-appointed surveyor one E.H. Sagoe
submitted his report to the court in 1964, but that it was not used to
determine the dispute as the case was adjourned sine die upon the death of the
parties. The said site plan to which was attached a statutory declaration of
John Ayiku Mensah was allegedly used by him to register the said Djanbi Amu
family as the owner of Danchira lands. <o:p></o:p>Thus
did the plaintiff on behalf of the Asere stool commence suit at the court below
seeking a declaration of title to the lands afore-described, damages for
trespass to the said land, as well as a declaration that the statutory
declaration upon which the first defendant’s Djanbi Amu family’s ownership of
the Danchira lands was hinged, was an act of fraud.<o:p></o:p>The
first defendant denied the said allegations and counterclaimed for a lesser
area of land with an area of 13,774 acres, situate and lying at Danchira,
bounded on the North west by the Hony Stream measuring 10,200 feet more or
less, on the Northeast by Manhia, Ashalaja, and Afuaman lands measuring 51,700
feet more or less, on the east by Joma lands, Densu River and Kwami Amu’s land
measuring 10,300 feet more or less, on the South by Banyibe Pond, Amanfro and
Domeabra lands measuring 17,500 feet more or less and on the Southwest by
Amanfro lands measuring 3,500 feet more or less. <o:p></o:p>It
was the first defendant’s case that his Djanbi Amu family was the allodial
owner of the Danchira lands, and that the family had vindicated its title
thereto in a number of suits, both before the traditional court, such as in the
suit between Leonard Lanquaye Lamptey v. Nii Nikoi Olai Amontia IV Asere Mantse
decided by the Judicial Committee of the Ga Traditional Council in favour of
the Djanbi Amu family, and before the Superior Courts. <o:p></o:p>At
the close of hearing, the learned trial judge in his judgment held that the
judgment of the Court of Appeal in the case of: F.K.A. Company Ltd &amp;Anor v.
Nii Ayikai Akramah III (Deceased) substituted by Nii Tetteh Okorli-Aryee and 4
Ors Civil Appeal No. H1/98/2014 decided 12th February 2015 (Unreported),had
settled theissue of the ownership of Danchira lands. <o:p></o:p>Expressing
himself to be bound by the Court of Appeal decision upon a principle of stare
decisis, the learned trial judge held that in the circumstance, no useful end
would be attained by inquiring into the question of fraud regarding the manner
in which the statutory declaration to which was attached a site plan asserting
the title of the Djanbi Amu family was procured. Thus he dismissed the
plaintiff’s claim and entered judgment for the first defendant upon his
counterclaim. <o:p></o:p>It
is against the said judgment that the present appeal has been brought.<o:p></o:p>The
plaintiff filed three grounds of appeal which we reproduce as follows:<o:p></o:p>