ODWUMA LAKES FARMS & RURAL ESTATES LTD AND NAVAL CAPTAIN BAFFOUR ASSASSIE-GYIMAH vs. MRS. VIVIAN AKU BROWN DANQUAH AND 3 OTHERS [2018]DLCA5282

ODWUMA LAKES FARMS & RURAL ESTATES LTD AND NAVAL CAPTAIN BAFFOUR ASSASSIE-GYIMAH... [2018]DLCA5282

Date	2018-06-14
Suit No.	CIVIL APPEAL NO.: H1/117/2017
Citation No.	[2018]DLCA5282

A. DORDZIE MRS. JA (PRESIDING)

B. ACKAH-YENSU JA.

H. KWOFIE JA

MR. BAFFOUR ASSASIE-GYIMAH FOR 2ND APPELLANT

COLONEL KOFI DANSO (RTD) FOR 1ST APPELLANT

MR. OBED WORDU FOR RESPONDENT

[2018]DLCA5282
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													<main id="main" class="content" style="min-height: 60rem" >ODWUMA LAKES FARMS &amp; RURAL ESTATES LTD AND NAVAL
CAPTAIN BAFFOUR ASSASSIE-GYIMAH<o:p></o:p>(PLAINTIFFS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>MRS. VIVIAN AKU BROWN DANQUAH 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;
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CIVIL
APPEAL NO.: H1/117/2017&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;14TH JUNE, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. BAFFOUR ASSASIE-GYIMAH FOR 2ND
APPELLANT<o:p></o:p>COLONEL KOFI DANSO (RTD) FOR 1ST 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. OBED WORDU FOR RESPONDENT<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>A. DORDZIE MRS. JA (PRESIDING), B. ACKAH-YENSU JA.,
H. KWOFIE JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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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>BARBARA
ACKAH-YENSU (Ms) JA<o:p></o:p>In order to truly appreciate this appeal, one needs to
recount the brief facts of the case leading to the appeal. Mrs. Vivian Aku
Brown Danquah, 1st Defendant/Respondent herein, commenced an action (as
plaintiff) at the High Court as Head of Adutso Family of Osu against Samuel
Lanquaye Odartey, Head of Odartey Sro Family also of Osu (as defendant) for, inter alia, a declaration of title to a
parcel of land said to be located at Abokobi in the Greater Accra Region
covering over 500 acres. The said defendant denied that the plaintiff was
entitled to her claims and counterclaimed, amongst others, for declaration of
title and recovery of possession. At the end of the trial, the learned trial
Judge dismissed the plaintiff’s claim and gave judgment for the defendant on
his counter claim. <o:p></o:p><o:p>&nbsp;</o:p>The plaintiff successfully challenged the judgment at
the Court of Appeal resulting in it being set aside and judgment entered for
the plaintiff. The Court of Appeal declared the plaintiff’s family, the Adutso
family of Osu, as the beneficial and lawful owners of the disputed land. The defendant
aggrieved by this decision then appealed to the Supreme Court. The Supreme
Court however unanimously affirmed the decision of the Court of Appeal in Civil
Appeal No. J4/4/2016 which is reported in the Ghana Monthly Judgments (2016)
103 GMJ 167. <o:p></o:p><o:p>&nbsp;</o:p>The 1st and 2nd
Plaintiffs/Appellants (hereafter referred to as “Appellants”) acquired parcels
of land from the Odartey Sro Family. The Plaintiffs allege that they had been
in peaceful possession of their land until November 2004 when the
Defendants/Respondents (also to be referred to simply as “Respondents” hereafter) together with other people, without lawful
authority trespassed on to the said land and properties thereon claiming that
they had won a case at the Court of Appeal against the Appellants’ grantors. The
1st Respondent is the head of the Adutso Family to which the 2nd
Respondent is said to belong, with the 3rd and 4th
Respondents being sued as agents of the said family. <o:p></o:p><o:p>&nbsp;</o:p>Appellants instituted the present action against
Respondents for reliefs that included a declaration that they have been on the disputed
land, for nearly thirty (30) years and that even if the Respondents won their
case against Appellants’ grantors, that would not invalidate their adverse
possession for well beyond the Statutory Limitation period of twelve (12)
years. The Appellants were also seeking a declaration that they were “bona fide purchasers” for value without
any notice of the Respondents’ encumbrance. They also argued that Respondents
were guilty of laches having acquiesced to Appellants visible occupation and
possession of the disputed land for almost thirty years without any complaint.<o:p></o:p><o:p>&nbsp;</o:p>Before we proceed any further we want to comment on a procedural
lapse by the Appellants which need to be corrected. The Appellants titled their
pleadings “Joint Statement of Claim”.
There is nothing like that. The position of the law is that when parties sue in
common they file one statement of claim. Indeed, as they were acting by the
same Counsel who issued the writ on their behalf, it is difficult to comprehend
how they could in the said circumstances have filed separate statements of
claim. We hasten to say that trial judges should exercise their power of
superintendence over proceedings to ensure that procedural lapses such as this
are avoided as an omission to direct the attention of parties to such deviations
from the practice of the court tends to encourage their repetition in the
future. Accordingly, in the exercise of the power conferred in the High Court
Rules, C.I. 47, we hereby amend the said document to read simply “Statement of Claim”. <o:p></o:p><o:p>&nbsp;</o:p>