KOFI AGYEMANG (PAYTELL COMPANY LIMITED) vs. MANAGING DIRECTOR (JAAH ENGINEERING COMPANY LTD) [2016]DLCA7981

KOFI AGYEMANG (PAYTELL COMPANY LIMITED) vs. MANAGING DIRECTOR (JAAH ENGINEERING... [2016]DLCA7981

Date	2016-04-28
Suit No.	CIVIL APPEAL NO. H1/180/2014
Citation No.	[2016]DLCA7981

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

K. A. ACQUAYE J.A.

M. WELBOURNE (MRS)J.A.

JAMES AHENKORAH FOR THE DEFENDANT/RESPONDENT

MR. EMMANUEL OHENE FOR THE PLAINTIFF/APPELLANT

[2016]DLCA7981
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													<main id="main" class="content" style="min-height: 60rem" >KOFI AGYEMANG (PAYTELL COMPANY LIMITED)<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>MANAGING DIRECTOR (JAAH ENGINEERING COMPANY
LTD)<o:p></o:p>(DEFENDANT/RESPONDENT)<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;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:normal;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CIVIL APPEAL NO. H1/180/2014&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATED: 28TH APRIL, 2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:150%;font-family:
&quot;Book Antiqua&quot;,serif;mso-bidi-font-family:&quot;Times New Roman&quot;;mso-bidi-font-weight:
bold;mso-bidi-font-style:italic">JAMES AHENKORAH FOR THE DEFENDANT/RESPONDENT<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">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm"><span lang="EN-US" style="font-size:12.0pt;line-height:150%;font-family:&quot;Book Antiqua&quot;,serif;
mso-bidi-font-family:&quot;Times New Roman&quot;;mso-bidi-font-weight:bold;mso-bidi-font-style:
italic">MR. EMMANUEL OHENE FOR THE PLAINTIFF/APPELLANT<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., M. WELBOURNE (MRS)J.A.<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="margin-bottom:0cm;margin-bottom:.0001pt;
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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><o:p>&nbsp;</o:p>K. A. ACQUAYE, J.A.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiffs/appellants issued a writ of summons claiming against the
defendant/respondent a declaration of title to a parcel of land situate at
Achimota, Kingsby Hotel area, recovery of possession, ejection of the defendant
and cost including legal fees.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>Upon
the failure of the defendant to enter appearance and file a statement of
defence the plaintiffs obtained an interlocutory judgment and later gave
evidence in proof of their title.&nbsp; The 1st
plaintiff testified that he is the Managing Director of the 2nd
plaintiff.&nbsp; On 20th April 2006
he obtained an assignment of land from one Charles Martins in the name of the 2nd
defendant and he was given a document which he tendered in evidence as exhibit
A.&nbsp; The 1st plaintiff
testified that the defendant who is in possession of the land has refused to
vacate same.&nbsp;&nbsp;&nbsp; He stated that he
conducted a search at the Lands Commission which disclosed that the land had
been transferred to the 2nd defendant and he tendered a copy of the
search which was admitted as exhibit B.&nbsp;&nbsp;
The defendant even though served with hearing notice for the proof of
title was absent from court and was also not represented.&nbsp; As a result the plaintiff was not cross-examined.&nbsp; The plaintiff called one witness who
testified that he was a member of the Onamreko Adain family which sold the land
to the 2nd plaintiff’s grantor Charles Martins and they gave Charles
Martins a lease.&nbsp; At the time they gave
the land to Charles Martins there was litigation between Nii Paul Ayitey Tetteh
as plaintiff and the then head of family B.A. Quarcoo and Jaafru Mensah over
which party was the head of the Onamroko Adain family.&nbsp; The witness testified that an attempt to
injunct B. A Quarcoo and Jaafru Mensah was dismissed by the High Court.&nbsp; A copy of the ruling was admitted as exhibit
C. As a result the Lands Commission distributed a circular among its staff
directing “that documents on Onamrokor
Adain Family Lands executed by B.A. Quarcoo as head of family are to be
accepted for processing and plotting, until the High Court decides otherwise”.&nbsp; A copy of the circular was admitted as
exhibit D.&nbsp; The evidence of the witness
also stands unchallenged as there was no one to cross-examine him.<o:p></o:p><o:p>&nbsp;</o:p>In
his judgment the trial judge found that there is no evidence before the court that
exhibit A has been registered under the Land Title Registration Law (PNDCL 152)
or Land Registry Act 1962 (Act 122) as submitted by plaintiffs’ Counsel except
that it had been processed by the then Lands Commission.&nbsp; The trial judge held that since exhibit A was
not registered it was ineffective and invalid to confer rights and impose
obligation.&nbsp; The trial judge also found
that “In this case, the then head of
family Nii Paul Aryitey Tetteh had since 1994 been the head of the family and
was contesting B.A. Quarcoo and Jarfro Mensah over the headship of the family
in court in 2002 before the grant to Charles Martins was made in 2014.&nbsp; Since B.A. Quarcoo and Jarfro Mensah Larkai
lost the suit Charles Martins grant cannot stand”.&nbsp; The judge wrote that he cannot close his eyes
to the suit reported in (2009</main>