NANA BAFFOUR GYAWU vs. YAW ADU GYAMFI [2018]DLCA5560

Date	2018-10-15
Suit No.	SUIT NO. H1/23/2018
Citation No.	[2018]DLCA5560

ADUAMA OSEI JA (PRESIDING)

DZAMEFE JA

WELBOURNE (MRS) JA

NO REPRESENTATIVE FOR DEFENDANT/APPELLANT.

NO REPRESENTATIVE FOR PLAINTIFF/RESPONDENT.

[2018]DLCA5560
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													<main id="main" class="content" style="min-height: 60rem" >NANA BAFFOUR GYAWU<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>YAW ADU GYAMFI<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>[COURT
OF APPEAL (CIVIL DIVISION), KUMASI]<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. H1/23/2018&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 15TH
OCTOBER, 2018<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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</div>COUNSEL:<o:p></o:p>NO
REPRESENTATIVE FOR DEFENDANT/APPELLANT.<o:p></o:p>NO
REPRESENTATIVE FOR PLAINTIFF/RESPONDENT.<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%;
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><o:p>&nbsp;</o:p>ADUAMA OSEI JA:<o:p></o:p><o:p>&nbsp;</o:p>The
writ of summons that initiated this action was issued in the Circuit Court,
Kumasi, on the 23rd of December, 2005. In the course of trial before
the Circuit Court, however, it was by a transfer order issued by the Chief
Justice, transferred to the High Court, Kumasi, for continuation. The judgment
appealed from is therefore a judgment of the High Court and it is dated the 28th
of July, 2016.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>In
this judgment, the Defendant/Appellant is referred to as “the Defendant”, and the Plaintiff/Respondent is referred to as “the Plaintiff”.<o:p></o:p><o:p>&nbsp;</o:p>The
reliefs the Plaintiff sought in the trial Court were for a declaration that he
is the bona fide owner of Plot Nos. 24 and 25, Block A, situate at Ampeyoo on
Agyeiwaa Stool land, recovery of possession of the said land, damages for
trespass in respect of the land, and perpetual injunction against the Defendant
and his agents, assigns and privies restraining them from entering upon the
land or interfering in any way with the Plaintiff’s ownership of the same.<o:p></o:p><o:p>&nbsp;</o:p>To
justify the reliefs claimed by him, the Plaintiff alleged in his amended
statement of claim that the disputed land was acquired by him from the Agyeiwaa
Stool sometime in February, 1996 and that following the acquisition, he enjoyed
a peaceful and quiet possession thereof. It became necessary for him to
institute the action because the Defendant had forcibly entered upon the land
and was unlawfully developing same. The Plaintiff stated in the statement of
claim that in spite of strong objections from him and an open denial of
ownership by the chief and some elders of the Patuda Stool, whom the Defendant
had put forward as the owners of the land, the Defendant had persisted in his
unlawful occupation and development of the disputed land. The Plaintiff alleged
further that even though the Defendant had had occasion to approach him with a proposal
to take from him an assignment of his interest in the disputed land, without
waiting to know his reaction to the proposal, the Defendant had been carrying
on with his unlawful activities on the disputed land and had caused substantial
damage to the same.<o:p></o:p><o:p>&nbsp;</o:p>By
his amended statement of defence and counterclaim, the Defendant denied that
the Plaintiff was entitled to claim against him as alleged or at all. The
Defendant alleged that he had acquired the disputed property from the Konadu
Yiadom Stool in the year 2005, and that a lease in respect thereof had been
executed for him, which he had registered. The Defendant denied having proposed
to take an assignment of the disputed property from the Plaintiff and alleged
that it was rather the Plaintiff who approached him to be given GH¢1,000.00 to
enable him settle part of the expenses incurred by him in instituting the
action. The Defendant counterclaimed for a declaration that he is the lessee of
the building plot numbered 25, Block A at Patuda in Kumasi, an order of
perpetual injunction restraining the Plaintiff or his agents, assigns or
privies from interfering with his possession and enjoyment of the property
covered by his lease, and for an award of damages. <o:p></o:p><o:p>&nbsp;</o:p>&nbsp;When pleadings closed, the Plaintiff filed as
the matters for determination the issue whether title to residential plot
numbers 24 and 25, Block A was vested in the Plaintiff or in the Defendant,
whether or not the Plaintiff was entitled to his claim, and any other issues
raised on the pleadings. At the end of the trial, the trial Court held that on
a balance of the probabilities, the Plaintiff had established a better title to
the disputed property than the Defendant and accordingly dismissed the Defendant’s
counterclaim. The trial Court also entered judgment in favour of the Plaintiff
for the reliefs indorsed on his writ of summons and awarded him the sum of
GH¢20,000.00 as general damages. <o:p></o:p><o:p>&nbsp;</o</main>