NANA OWUSU AMEYAW vs. MAXWELL ARMAH AND 3 OTHERS [2017]DLCA5470

Date	2017-07-27
Suit No.	CIVIL APPEAL NO. H1/146/2016
Citation No.	[2017]DLCA5470

F.G. KORBIEH J.A. (PRESIDING)

K.N. ADUAMA OSEI J.A.

G.S. SUURBAAREH J.A.

FRIMPONG BOADU FOR THE PLAINTIFF/APPELLANT

GEORGE ESHUN WITH E. J. MARTINS FOR THE 2ND DEFENDANT/RESPONDENT

[2017]DLCA5470
																																						<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" >NANA OWUSU AMEYAW<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>MAXWELL ARMAH AND 3 OTHERS<o:p></o:p>(DEFENDANTS/RESPONDENTS)<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:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. H1/146/2016&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; DATE:
27TH JULY, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>FRIMPONG
BOADU FOR THE PLAINTIFF/APPELLANT <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">

GEORGE
ESHUN WITH E. J. MARTINS FOR THE 2ND DEFENDANT/RESPONDENT<o:p></o:p>

</div><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
mso-border-bottom-alt:solid windowtext .5pt;padding:0in 0in 1.0pt 0in">

CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>

F.G.
KORBIEH J.A. (PRESIDING), K.N. ADUAMA OSEI J.A., G.S. SUURBAAREH J.A.<o:p></o:p>

</div><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGMENT<o:p></o:p>

</div>F.G. KORBIEH, J.A.<o:p></o:p><o:p>&nbsp;</o:p>The brief
facts of the case leading to this appeal are as follows. The
plaintiff/appellant herein sued per his lawful attorney. He averred in his amended
statement of claim that he had a sales agreement with one Ehrengried Kojo
Mawudeka to buy from the latter his piece or parcel of land at the Airport
Residential Area in Accra for the sum of US$180,000.00. The sale agreement was
dated 19/6/1997. The plaintiff/appellant’s averment continued as follows: the
said land had been leased to one Christo John Philip Pakis by the President of
the Republic of Ghana for a term of 50 years and Christo John Philip Pakis had
in turn assigned his unexpired interest in the land to the Church of Christ
which assignment had received the consent of the Lands Commission. “5.By a deed
of assignment made between Christo John Philip Pakis and EHRENGRIED KOJO MAWUDEKA
and dated the 20th day of September 1971 the Church of Christ assigned
her interest in the said land for the residue unexpired term. The said
EHRENGRIED KOJO MAWUDEKA registered the said deed of Assignment at the Lands
Commission with the Land Registry NO 590/1972. 6. Pursuant to the assignment by
the said EHRENGRIED KOJO MAWUDEKA to the Plaintiff paid to the assignor EHRENGRIED
KOJO MAWUDEKA the Plaintiff paid US$180,000 to the assignor.” (sic) The
plaintiff further averred that due to the fact that the plaintiff’s attorney
applied to register the deed of assignment at the Lands Commission, the
Commission opened a file but the file subsequently disappeared and some staff
of the Commission fraudulently tried to sell the plaintiff’s land in collusion
with the other defendants. The plaintiff therefore claimed the following reliefs
from the defendants jointly and severally:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recovery
of possession;<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp; Damages
for trespass; and <o:p></o:p>c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
“Perpetual
injunction to restrain the defendants, whether by themselves, their servants,
assigns, agents, workmen or otherwise howsoever from interfering with the
Plaintiff’s title and possession of the land.” <o:p></o:p><o:p>&nbsp;</o:p>It is
interesting to note that only the 2nd and 3rd defendants
filed any statements of defence. In response to the plaintiff’s averments, one
of the 3rd defendant’s averments was to the effect that he did not
know the 1st and 4th defendants. He also averred that the
plaintiff had issued a writ against the 2nd defendant and that the
executors of the will of the late Mawudeku had applied to be joined to that
suit. He again averred that until the property in dispute was sold to the 2nd
defendant, it was in the possession of the executors of the will of Mawudeku.
He denied that the plaintiff was entitled to the reliefs he was claiming from
the court. In her statement of defence and counterclaim, the 2nd
defendant/respondent averred, among other things, as follows: that the
plaintiff was an imposter and had planned with the 1st and 4th
defendants to deprive her of the property she had legally acquired from the
executors of the will of Ehrenfried Kojo Mawudeka. She then counterclaimed for
House No. Z67, Tsatsa Close, Airport Residential Area, Accra on the grounds
that interests in it had been assigned to her by the executors of the will of
Ehrenfried Kojo Mawudeka and the 3rd defendant and that she had been
given immediate possession upon payment of a substantial part of the agreed
sum. She had averred further that after she took possession of the property,
she was sued in the High Court by the 1st defendant and that the 4th
defendant used to accompany the 1st defendant to court. She also
averred that when the 4th defendant forcibly entered the property
with land-guards claiming to act in the name of the widow of the deceased
original owner of the property, she reported the matter to the Police whereupon
the 4th defendant</main>