KOFI SARPONG vs. FRANKLIN ADUBOBI JANTUAH [2016]DLSC2877

Date	2016-02-17
Suit No.	CIVIL APPEAL NO. J4/15/2015
Citation No.	[2016]DLSC2877

ANIN YEBOAH JSC (PRESIDING)

BAFFOE-BONNIE JSC

BENIN JSC

AKAMBA JSC

APPAU JSC

MUJEEB RAHMAN AHMED ESQ. FOR THE PLAINTIFF/APPELLANT/ APPELLANT.

KOFI DUA- ADONTENG ESQ. FOR THE DEFENDANTRESPONDENT /RESPONDENT.

[2016]DLSC2877
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													<main id="main" class="content" style="min-height: 60rem" >KOFI SARPONG<o:p></o:p>vs.<o:p></o:p>FRANKLIN
ADUBOBI JANTUAH<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO. J4/15/2015&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;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
DATE: 17TH FEBUARY, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MUJEEB
RAHMAN AHMED ESQ.&nbsp; FOR THE
PLAINTIFF/APPELLANT/ APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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KOFI
DUA- ADONTENG ESQ. FOR THE DEFENDANTRESPONDENT /RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:Calibri;mso-bidi-font-family:&quot;Times New Roman&quot;;
mso-ansi-language:EN-GB">ANIN YEBOAH JSC (PRESIDING), BAFFOE-BONNIE JSC, BENIN
JSC, AKAMBA JSC AND APPAU JSC <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;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGEMENT<o:p></o:p>

</div>BENIN,
JSC:-<o:p></o:p>&nbsp;This is one case which in
our candid opinion should not have been embarked upon at all in the first
place. The property in dispute is numbered O.T.B. 511, Block XXVI, Adum,
Kumasi. The plaintiff/appellant/appellant, hereinafter called the plaintiff
does not claim he owns the property in dispute by acquisition of the plot or by
construction of the building thereon. He does not also claim the property by
purchase or through inheritance. He claims the property because he is a
sub-lessee whose sub-lease has expired so he has become the owner of the
property unless the true owner thereof came forward to claim it. The defendant/respondent/respondent,
hereinafter called the defendant, claims to be the true owner who acquired the
plot in his native name and leased it to two named persons for a term of fifty
years to build on it and occupy same for that duration. Also the defendant holds
the title deeds to the property which he tendered at the trial court.
Nonetheless the plaintiff insisted that the defendant was not the true owner
because the name that he is known by is not the one which the title deeds bear.
All this while, the plaintiff has not been able to identify any other person
with the name on the title deeds. He has not alleged that the defendant obtained
the title deeds by criminality bordering on fraud, theft, misrepresentation and
what have you. In the absence of any such evidence, one would have thought that
the person who has the title deeds and who was able to prove how he came to
acquire the plot should be the owner as against every other person except
somebody who can come forward to prove a superior title by way of acquisition of
the plot and execution of the title deeds as well as the construction of the
building on the plot. And that person is definitely not the plaintiff, who
could not even produce evidence that he was sub-lessee of the property. Be that
as it may, the plaintiff embarked on this case in the hope that the judicial
system would confer ownership on him even when he did not have title deeds to
the property just by leading evidence to show that the defendant is not known
by the name on the title deeds. Indeed the plaintiff does not claim to have any
inkling as to who the real owner of the plot is, or how the building was
constructed by persons who did not own the plot. We would have dismissed this
appeal in limine but for the fact
that the plaintiff has raised some public policy considerations that we think
should engage our attention. In the process we would have to re-hear the appeal
on account of the relief that the judgment was against the weight of evidence.<o:p></o:p>The plaintiff’s case was
that his niece one Madam Akua Addai, who was said to have died during the
pendency of this action, took over the remaining term of a sublease from one
Ghassoub in June 1975. The said Ghassoub, a Lebanese national&nbsp; and one other Lebanese national took a fifty
year lease of this plot from the original lessee one Kwame Adu Bobi in 1953 for
a term of fifty years certain expiring on 31st January 2003. The
record shows that the said Ghassoub died in 1966 or in the 1970’s, as the dates
were conflicting. At any rate he was not alive as at June 1975 when the
surviving sub-lessee assigned the remainder of the term to Madam Akua Addai in
June 1975. The story as told by the plaintiff was that the said Madam Akua
Addai was not financially sound so she approached her uncle the plaintiff
herein who advanced her some money in order for him the plaintiff to take over
this property. That the real owner of the property Kwame Adu Bobi was present
when the sub-lessee agreed to give the property to Madam Akua Addai. The
plaintiff’s case further was that since July 1975 he had been in charge of this
property as owner in possession. About five months to the end of the lease
period the defendant wrote to the plaintiff to put the property in tenantable
repair in preparation for a reversion to the said Kwame Adu Bobi. When the
plaintiff discovered that it was the defendant who was posing as Kwame Adu
Bobi, he resisted his claim accusing the former of impersonation. The defendant
was also said to have collected various sums of money as rent advance from the
sitting tenants.<o:p></o:p>Consequently, the
plaintiff instituted the action at the High Court in Kumasi claiming these
reliefs against the defendant:&nbsp; <o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Declaration
that the Plaintiff is owner in possession of House No. Plot 511, Block XXVI,
OTB, Kumasi.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Declaration
that as against the defendant, the plaintiff is entitled to possession of the
said house.<o:p></o:p>