PETER KWABENA ACHEAMPONG vs. YAW APPIAH SARPONG AND DESMOND ADDO BINEY [2018]DLCA4961

Date	2018-02-01
Suit No.	SUIT NO.H1/120/16
Citation No.	[2018]DLCA4961

V. D. OFOE JA (PRESIDING)

I. C. LARBI (MRS.) JA

M. M. AGYEMANG (MRS.) JA

NII AKWEI BRUCE THOMPSON FOR PLAINTIFF/APPELLANT

[2018]DLCA4961
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													<main id="main" class="content" style="min-height: 60rem" >PETER KWABENA ACHEAMPONG<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>YAW APPIAH SARPONG AND DESMOND ADDO BINEY<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;
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SUIT
NO.H1/120/16&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;1ST FEBRUARY, 2018<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">NII
AKWEI BRUCE THOMPSON FOR PLAINTIFF/APPELLANT<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;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">JUDGMENT<o:p></o:p>

</div>AGYEMANG
JA:<o:p></o:p>In this appeal against the judgment of the High
Court (Land Division) Accra, delivered on the 11th day of January
2011, the plaintiff/appellant (hereafter referred to as the plaintiff), seeks a
setting aside of the judgment of the court below that entered judgment for the
defendant/respondent (referred to hereafter as the defendant). The appellant prays
that judgment be entered for him instead.<o:p></o:p>These matters are antecedent to the appeal.<o:p></o:p>The plaintiff, a lecturer at the University of Cape
Coast, on the 12th of August 1981, allegedly purchased a parcel of
land more particularly described as situate, lying and being at Nungua New
Town- Accra Ghana and “bounded on the North-East by Mr. Abu’s property
measuring 105 ft. more or less, on the South East by a proposed road measuring
800 ft. more or less, on the South West by Nungua Stool Land measuring 102 ft.
more or less and on the North West side by Nungua Stool Land measuring 80 ft.
more or less and containing an approximate area of 0.19 acres.<o:p></o:p>It was the plaintiff’s case that the land was
purchased from the then Nungua Mantse: Nii Odai Ayiku IV in the name of one
Kwame Nkrumah. The plaintiff alleged this Kwame Nkrumah to be his son who at
the time of the transaction, was a minor. <o:p></o:p>It was the plaintiff’s case that he obtained an
indenture conveying the property to Kwame Nkrumah, in 1981 and registered
same.&nbsp; He also in 2002, applied for, and
obtained a Land Certificate evidencing title to the land. According to the
plaintiff, after the purchase, he went into possession immediately, and
constructed a four bedroom house on the land, with a living room, kitchen,
toilets and a garage. He roofed one of the rooms and placed a caretaker in it.
He then built a foundational structure for a boys’ quarters. He averred that from
time to time, he would visit the land whereat he had placed the caretaker:
Kanbase Asoro Kwabena (otherwise referred to as Kwabena Kamboshie).<o:p></o:p>It was the evidence of the plaintiff that in 2001,
he went onto the land and to his dismay, found his entire building, the
four-bedroom structure demolished. The land had been completely cleared, and
not even the debris from the demolition was on it. The only thing left of his
presence on the land, was the foundation for the boys’ quarters. He recounted
that it was while he was on the land that his caretaker showed up, and informed
him that his building had been demolished by the second defendant and one
“Red”. The said gentlemen had allegedly informed the caretaker that the
plaintiff was dead and that he had died leaving a debt at the bank. The
gentlemen then allegedly told the caretaker that the property had to be sold
off to pay the debt. Thus did the two come onto the land, demolish the building
and cart off the debris, leaving nothing on the land. The plaintiff noted that
someone, holding himself as the owner of the property, had advertised it for
sale on posters on the wall. Thus did the plaintiff find out the identity of
the first defendant.<o:p></o:p>The plaintiff thus commenced suit against the first
defendant seeking the following reliefs: a declaration of title to the land,
recovery of possession, damages for trespass and a perpetual injunction against
the first defendant and his privies. In the course of the suit the second
defendant was joined to it.<o:p></o:p>The defendants denied the claims of the plaintiff.
The first defendant’s case was that he bought the land in dispute through the
second defendant, an Assemblyman and go-between of the Klanaa Quarter of La and
that he paid ¢50,000,000 (fifty million old cedis) therefor. It was his
evidence that there was nothing on the land when he made his purchase, and that
he proceeded to put up a building on it. This building he has since sold to
another. At the close of pleadings, eleven issues were set out for
determination. After trial, the court below dismissed the suit of the
plaintiff. Inter alia, the court held
that the plaintiff had not made out a case entitling him to the declaration of
title he sought, and furthermore, that the plaintiff was guilty of fraud with
regard to the registration of the deed of conveyance, and the procurement of a
land title certificate. <o:p></o:p>It is against the said judgment that the instant
appeal has been brought.<o:p></o:p>The plaintiff as appellant set out nine grounds of
appeal which we reproduce in extenso:<o:p></o:p>“i.&nbsp;&nbsp;&nbsp;</main>