LILIAN AMANOR BOAKYEWAA vs. K. BOADU [2018]DLCA5263

Date	2018-05-29
Suit No.	CIVIL APPEAL: H1/21/2017
Citation No.	[2018]DLCA5263

K. A. ACQUAYE JA (PRESIDING)

S. K. GYAN JA

M. M. AGYEMANG (MRS.) JA

MR. ISAAC OKYERE DARKO FOR PLAINTIFF/APPELLANT

MR. FRANCIS POLLEY FOR DEFENDANT/RESPONDENT

[2018]DLCA5263
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													<main id="main" class="content" style="min-height: 60rem" >LILIAN AMANOR BOAKYEWAA <o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>K. BOADU <o:p></o:p>(DEFENDANT/RESPONDENT)<o:p></o:p><span style="font-size:10.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;
mso-bidi-font-family:&quot;Times New Roman&quot;;mso-bidi-theme-font:minor-bidi"><o:p>&nbsp;</o:p>[COURT OF APPEAL, KOFORIDUA]<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: H1/21/2017&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; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 29TH MAY, 2018<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR. ISAAC OKYERE DARKO FOR
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">

MR.
FRANCIS POLLEY FOR DEFENDANT/RESPONDENT<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;
padding:0in 0in 1.0pt 0in">

K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA,
M. M. AGYEMANG (MRS.) JA<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;
padding:0in 0in 1.0pt 0in">

<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>AGYEMANG JA:<o:p></o:p>This is an appeal against the judgment of the Circuit
Court Koforidua, delivered on the 11th day of July, 2016. The
plaintiff/appellant (hereafter referred to alternately as the plaintiff, or the
appellant) seeks a setting aside of the judgment of that court entered in
favour of the defendant/respondent (hereafter referred to alternately as the
defendant, or the respondent).<o:p></o:p>The matters that have given rise to the appeal are
simply these:<o:p></o:p>The plaintiff, a resident of Koforidua brought suit
against the defendant, a resident of Asokore. Both places are in the Eastern
Region of Ghana. <o:p></o:p>It was the case of the plaintiff both in pleading
and in evidence, that she acquired the land in dispute in 2011 upon a lease
granted to her by the Eastern Regional Lands Commission. She described the
disputed land as: Plot No. F8 situate at Sector 10, Block C Koforidua, bounded
on the North by an open space, measuring 80ft more or less; on the East, by a
proposed road measuring 130ft more or less; on the South by a proposed road
measuring 40ft more or less; on the West by Plot No F7 measuring 120 feet more
or less.<o:p></o:p>It was her evidence that she immediately went into
possession by having trees on the land uprooted. She then placed thereat,
cement blocks as well as stones. She alleged that sometime later, she went onto
the land to find that someone had started developing same, and that the person
who had shunted her cement blocks into a corner, used her stones for his own
development, and used the trees she had caused to be uprooted for charcoal. She
alleged that upon her investigation, she found the defendant to be the one who
had done all these. Thus did she commence action against the defendant at the
court below, seeking a declaration of title to the said parcel of land, damages
for trespass, and an order of perpetual injunction. The main thrust of the
plaintiff’s case was that she had been granted land by the outfit in which the
land was vested: the Government of Ghana acting per the Eastern Regional Lands
Commission. She thus tendered the lease document she obtained from that outfit
in proof of her title thereto. It was admitted in evidence as exhibit A.<o:p></o:p>The defendant who admitted in pleading that the
land in dispute formed part of the New Juaben Lands vested in the Government of
Ghana in trust for the New Juaben Stool, denied the plaintiff’s claim. The crux
of his case was that he obtained the land from its traditional owners in 2009
and that he went into possession by reclaiming it (as it had been a rubbish
dump), constructing a concrete base for a container and placing a container on
it. He also alleged that he connected electricity and water to the premises.
Although he denied that the plaintiff was on the land at the time he went onto
it, he admitted during cross-examination that he saw the plaintiff’s cement
blocks, which he alleged were placed on an adjoining land. <o:p></o:p>The issues set down for determination included:
whether or not the land was leased to the plaintiff in 2011 by the Government
of Ghana acting by the Eastern Regional Lands Commission; whether or not the
said lease was registered, whether or not the defendant’s alleged grantor had
title to convey to another</main>