THERESA AMANKWA vs. FELICIA A KUFFOUR [2018]DLCA4763

Date	2018-03-08
Suit No.	SUIT NO: H1/99/2017
Citation No.	[2018]DLCA4763

OFOE J. A. (PRESIDING)

DZAMEFE J. A.

AGYEMANG (MRS). J. A.

LEVINGSTON DEY FOR THE PLAINTIFF/RESPONDENT

PETRINA DEFIA FOR DEFENDANT/APPELLANT

[2018]DLCA4763
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													<main id="main" class="content" style="min-height: 60rem" >THERESA AMANKWA<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>FELICIA A KUFFOUR<o:p></o:p>(DEFENDANT/APPELLANT)<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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SUIT NO: H1/99/2017&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: 8TH MARCH,
2018&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>

</div>COUNSEL:<o:p></o:p>LEVINGSTON DEY FOR THE
PLAINTIFF/RESPONDENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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PETRINA
DEFIA FOR DEFENDANT/APPELLANT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OFOE
J. A. (PRESIDING), DZAMEFE J. A., AGYEMANG (MRS). J. A.<o:p></o:p>

</div><o:p>&nbsp;</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:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>OFOE,J.A:<o:p></o:p>The
respondent, who I will refer to in this opinion as the plaintiff, issued a writ
against the appellant, also referred to in this judgment as the defendant,
claiming the following:<o:p></o:p>“a. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Declaration
of title to all that piece or parcel of land situate lying and being at
Otinshie, Accra known as Block ‘C’ Plot 145 containing an approximate area of
0.34 and bounded on the North by Lessor’s land measuring 100’ feet more or less
on the South by a proposed road measuring 100 feet more or less on the West by
Lessors’s&nbsp; land measuring 150 feet more
or less and more particularly described and delineated on the site plan shown edged
pink.<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recovery
of possession of the land described in relief (a) above.<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Perpetual
injunction restraining the Defendant acting by herself, agents ,workmen,
assigns and all persons claiming through by or n trust for her from in anyway
interfering with Plaintiff’s peaceful possession and enjoyment of her land.<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Special
damages of thirty Five Thousand Ghana cedis being the cost of Plaintiff’s
building&nbsp; foundation demolished by the
defendant.<o:p></o:p>e.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; General
damages for trespass and other relief as the&nbsp;
Court may deem fit”.<o:p></o:p>The
evidence of the parties before the trial court, which in substance was as each
pleaded, can be recounted as follows:<o:p></o:p>The
Plaintiff: That she bought the disputed plot from the
Osae family in September 1996 but was given the indenture covering this land (exhibit
C) in the year 1999. Before she received the indenture she took possession by
walling it and got a caretaker to occupy a wooden structure she had constructed
on the land. Since 1997 she had been in undisturbed possession of this land
with a completed foundation for a storey building until 2006 &nbsp;when one Nii Odonkor II invited her and
informed her the land she was developing was now for the Tsiewe Family because
they had won a Court of Appeal case against the Osae family, plaintiff’s
grantor. According to plaintiff she was shown this Court of Appeal judgement by
Nii Odonkor and therefore agreed to attorn&nbsp;
tenant to Nii Odonkor. Consequently she was given another indenture on
the 21st of December 2007 (exhibit D) by Nii Odonkor. In November
2007 she had information the defendant had got a bulldozer unto the land,
demolished her foundation and raised down the wall. Nothing could stop the
defendant’s trespass. Pictures of the demolished site was tendered by the
plaintiff as exhibits F series. She reported the case to the C.I.D Commissioner
who caused surveyors to conduct a survey of the land with their respective site
plans whether the parties were, indeed, contesting the same land. The result of
the survey was that her land was 1000 feet away from the land she was disputing
with the defendant. At that point she thought the matter should be handle by
the law courts. After the surveyors report she went back to her grantors who by
a Deed of Variation (exhibit E) gave her another site plan which conformed to
the exact land they were disputing. It was the evidence of the plaintiff that despite
this challenge the defendant continued to build. Plaintiff mentioned one Sarfo
as one of her boundary owners. The other two boundaries she mentioned as
proposed roads and the other she does not know the name. Her witness Samuel
Dowuona, a building contractor, confirmed plaintiff’s evidence about the
structures on the land. He testified that he built the wall and the wooden
structure on the l</main>