ANYETEY CHANTEY vs. TEI KWABLAH KWEINOR [2018]DLCA4783

Date	2018-05-31
Suit No.	CIVIL APPEAL SUIT NO: H1/67/2017
Citation No.	[2018]DLCA4783

KUSI-APPIAH J.A. (PRESIDING)

AYEBI J.A.

SOWAH J.A.

MR. JAMES ENU FOR DEFENDANT/APPELLANT

MR. ANTWI ABANKWA FOR PLAINTIFF/RESPONDENT

[2018]DLCA4783
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													<main id="main" class="content" style="min-height: 60rem" >ANYETEY CHANTEY<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>TEI KWABLAH KWEINOR<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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CIVIL APPEAL SUIT NO: H1/67/2017&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;DATE: 31ST
MAY, 2018<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
JAMES ENU FOR DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
ANTWI ABANKWA FOR PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM:&nbsp;
<o:p></o:p>KUSI-APPIAH
J.A. (PRESIDING), AYEBI J.A., SOWAH J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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</div>KUSI-APPIAH,
J.A.: <o:p></o:p>The
simple issue in this appeal is the factual one of determining whether the plaintiff’s
family (now Respondent) or the defendant’s family (the Appellant herein) is the
rightful owner of the disputed land.<o:p></o:p>In
my view, that issue was elaborately pleaded and adequately canvassed at the
trial to obviate any blurring of it.&nbsp; I
turn first to the pleadings.&nbsp; In
paragraphs 1, 3, 4, 5, 6 and 7 of the amended statement of claim, the plaintiff
alleged that the defendants were their licensees and were permitted to live on
the land in dispute only as long as they continue to acknowledge the title of
the plaintiff’s family.<o:p></o:p>It
is the case of the plaintiff that he is presently the Head of Anyetey Kwablah
family of Ningo following Anyetey Kwablah who succeeded their father Nartey
Asamoah.&nbsp; That the disputed land was
originally discovered by the plaintiff’s ancestor by name Nartey Asamoah long
ago and he and his descendants have been the owners in possession of the land
described in the schedule in uninterrupted occupation for several
generations.&nbsp; He averred that the
defendant is a descendant of Tei Kwablah Forzi who and others were allowed by
the grandfather of the plaintiff Nartey Asamoah to settle on a portion of the
plaintiff’s land at Zubanyatey.<o:p></o:p>According
to the plaintiff, the Forzi family of which Tei Kwablah Forzi, defendant’s
father and others form part were staying at Tekpenya where their father and or
grandfather was a licensee of a certain&nbsp;
family, Ameoda family.&nbsp; That the
Forzi family challenged the title to the land of the family licensor.&nbsp; The Ameoda family sued Kudadzi Forzi as the
successor of Forzi.&nbsp; The Ameoda family
won the case and evicted the Forzi family (led by the said Kudadzi Forzi) from
the land at Tekpenya.&nbsp; When the
defendant’s family was allegedly evicted from Tekpenya they approached Nartey
Asamoah, the chief of Kopodor for a place to stay and farm.&nbsp; The plaintiff contended that Nartey Asamoah
obliged and granted them a piece of land at Zubanyatey on condition that they
acknowledge the title of plaintiff’s family by annually offering fowls and some
drinks when the chief was performing the festival of his deity, Obunyuku.<o:p></o:p>The
plaintiff claimed that the defendant’s predecessors observed this condition
until recently when the defendant rebelled and laid adverse claim to the land.<o:p></o:p>On
13th May, 2014, the plaintiff therefore brought an action against the defendant
for the following reliefs:<o:p></o:p>“(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Declaration
that the land described in the schedule in the statement of claim belongs to
the Anyetey Kwablah family of Kopodor near Ningo and that the defendant and the
other members of the Tei Kwablah family were allowed to settled with them.<o:p></o:p>(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Perpetual
injunction restraining the Tei Kwablah family especially the defendant, from
making any claim to the land to which they were admitted as mere settlers.<o:p></o:p>(c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Damages
for making unlawful claim and for harassing other members of the plaintiff’s
family.<o:p></o:p>(d)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order of recovery of all portions of Kopodor land which descendants of Forzi’s
children, i.e. Kwettey Forzi, Mauna Forzi, Tei Kwablah Forzi, Kudadzi Forzi and
the only daughter of Forzi are occupying.”<o:p></o:p>The
defendant resisted the plaintiff’s claim.&nbsp;
By paragraphs 2, 2A, 3 and 4 of the amended statement of defence, the
defendant says that he is defending the suit in his capacity as the Head of Tei
Kwablah gait (section) but not the overall Forzi family.&nbsp; He denies that the subject land is situate at
Kopodor or Zubanyatey under Kopodor but at Tekpenya.<o:p></o:p><o:p>&nbsp;</o:p>The
gravamen of the defendant’s defence is that the plaintiff’s family occupy part
of his family land as licensees, their forefather Nartey Asamoah, having been
placed on the land by Ashalley Botwe, a member of defendant’s family.&nbsp; It is the defendant’s case that the subject
property was acquired by his forefathers and they have been in possession and
occupation of the disputed land for the past 300 years.&nbsp; That they have established villages on the
land and cultivated same.&nbsp; He claimed
that they have a 33-bedroom house, a dam and structures for their shrines on the
land.<o:p></o:p>