GEORGE FIANKO SACKEY AND UNIQUE TRUST FINANCIAL SERVICES vs. AUGUSTINA QUAYE AND PATIENCE QUAYE (Suing per their lawful attorney Emmanuel Lartey Quaye) [2016]DLCA7976

GEORGE FIANKO SACKEY AND UNIQUE TRUST FINANCIAL SERVICES vs. AUGUSTINA QUAYE AN... [2016]DLCA7976

Date	2016-04-14
Suit No.	CIVIL APPEAL NO:. H1/113/2016
Citation No.	[2016]DLCA7976

V. D. OFOE J.A. (PRESIDING)

K. A. ACQUAYE J.A.

WELBOURNE (MRS.) J.A.

F. K. YEBOAH FOR THE PLAINTIFFS/RESPONDENTS

KOFI SOMUAH FOR THE DEFENDANTS /APPELLANTS

[2016]DLCA7976
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >GEORGE FIANKO SACKEY (DEFENDANTS/APPELLANTS)
AND UNIQUE TRUST FINANCIAL SERVICES<o:p></o:p>vs.<o:p></o:p>AUGUSTINA QUAYE (PLAINTIFFS/RESPONDENTS)
AND PATIENCE QUAYE<o:p></o:p>(Suing per their lawful attorney Emmanuel Lartey Quaye)<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:.
H1/113/2016&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:
14TH APRIL, 2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>F.
K. YEBOAH FOR THE PLAINTIFFS/RESPONDENTS<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">

KOFI
SOMUAH FOR THE DEFENDANTS /APPELLANTS<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>V.
D. OFOE J.A. (PRESIDING), K. A. ACQUAYE J.A., WELBOURNE (MRS.) J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0cm 1.0pt 0cm">

<p class="MsoNormal" style="text-align:justify;line-height:115%;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>K .A. ACQUAYE, J.A.<o:p></o:p>This
judgment is in respect of an appeal lodged against a judgment delivered by a
High Court in Accra, in respect of two consolidated suits on 21st
day of January 2010. <o:p></o:p>In
the first suit, the plaintiffs/respondents, through their lawful attorney,
issued a writ of summons claiming against the defendants/appellants:.<o:p></o:p>A
declaration of title to a parcel of land containing an approximate area of 0.15
acres being at Kwashieman in Accra as described in the site plan attached.<o:p></o:p>Perpetual
injunction restraining the defendants from interfering with the plaintiffs’
quiet enjoyment of the said land.<o:p></o:p>Damages
for trespass against the defendants.&nbsp; <o:p></o:p>In
the second suit, the plaintiffs/respondents issued a writ claiming in addition
to the claims in the first writ a claim for declaration of title to house
number B 916/33, Awoshie, Accra.<o:p></o:p><o:p>&nbsp;</o:p>The
attorney of the plaintiff who testified on behalf of his principals tendered
the power of attorney created in his favour in evidence which was admitted as
exhibit A.&nbsp; He told the court that he
went to the Land Title Registry in 2001 with his father’s indenture and site
plan to register the subject matter of this suit in the name of his father who
died on 14th August 1990.&nbsp; At
the Land Title Registry he was informed that the 1st defendant had
registered the land in the name of the 1st defendants father Ebenezer
Adolphus Sackey.&nbsp; The attorney testified
that it was his father Albert Lakotey Quaye who built the house on the land in
which he has lived since 1977.&nbsp; He
complained that the 1st defendant had used the house to secure a
loan from the 2nd defendant hence his claims.&nbsp; The attorney admitted under cross-examination
that on 19th March 2004 an auctioneer called Aryee and Court
Bailiffs came to eject occupants of an adjoining house but he has since set
aside the judgment the 1st defendant obtained in that suit.<o:p></o:p>The
1st defendant testified that his father Ebenezer Adolfus Sackey
bought the land from Gbawe Tawiah in 1960 and tendered a copy of the registered
document as exhibit 1.&nbsp; The 1st
defendant testified that the land acquired by his father measured 110 feet by
160 feet and he named some of his boundary owners.&nbsp; He said that his father put up a building on
the land in 1968 and after his father’s death in 1984 he and his brother
obtained letters of administration to his estate.&nbsp; Later he acquired a Land Title Certificate
which he tendered as exhibit 5.&nbsp; He
subsequently mortgaged the property to secure a loan from the 2nd
defendant.&nbsp; He denied the claims of the
plaintiffs and counterclaimed for a declaration of title to the property
contained in his Land Title Certificate, order for recovery of possession and
perpetual injunction.<o:p></o:p>In
his judgment the trial judge found that the parties were claiming title to the
same piece of land.&nbsp; The trial judge also
found that when the defendants went to inspect the land before the mortgage
they found people living in one of the houses thereon yet they failed to
question those living in the house as to who owned it so the registration by
the 1st defendant was not conclusive evidence of title.&nbsp; The trial judge preferred the evidence of the
plaintiff that his father was in possession of the land and started building on
it because the 1st defendant testified that he was in Britain and
did not see his father putting up a building on the land.&nbsp; The trial judge held that having been in
adverse possession of the land for more than twelve years the plaintiff was
entitled to remain in occupation of the land as the 1st defendant’s
right to recover the land had been extinguished by Section 110 of the
Limitation Act NRCD 54 of 1972.&nbsp; The
trial judge also found that the plaintiffs’ father built on the land in good
faith so he was entitled to protection under the Land Development (Protection
of Purchasers) Act 2 of 1960.&nbsp; The trial
judge thus dismissed the counterclaims of the defendants and granted the claims
of the plaintiffs.<o:p></o:p>Dissatisfied
with the judgment the 1st defendant filed a notice of appeal setting
forth eight grounds of appeal.<o:p></o:p>