ASONAHENE KWASI MANYEH vs. MR JONAS FRANK AKO-LARBI [2018]DLCA6170

Date	2018-11-27
Suit No.	SUIT NO. H1/08/2017
Citation No.	[2018]DLCA6170

K. A. ACQUAYE JA (PRESIDING)

SAEED K. GYAN JA

MRS. M. AGYEMANG JA

MS. JUSTINA TITI DONKOR FOR THE PLAINTIFF/RESPONDENT

MR. MARTIN AMOYAW FOR THE DEFENDANT/APPELLANT

[2018]DLCA6170
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													<main id="main" class="content" style="min-height: 60rem" >ASONAHENE KWASI MANYEH<o:p></o:p>[DEFENDANT/APPELLANT]<o:p></o:p>vs.<o:p></o:p>MR JONAS FRANK AKO-LARBI<o:p></o:p>[PLAINTIFF/RESPONDENT]<o:p></o:p>[COURT
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">

SUIT NO. H1/08/2017&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; DATE: 27TH NOVEMBER, 2018<o:p></o:p>

MR.
MARTIN AMOYAW FOR THE DEFENDANT/APPELLANT<o:p></o:p>

</div>SAEED K GYAN, JA<o:p></o:p>In
a way, this appeal seems to me to be quaintly reminiscent of the narrative
contained in 1Kings 3; 16-28. Every conscientious Bible student or avid reader
of the Good Book must be familiar with the classical case of the two women
contending over one dead child and a living one, which came before wise King
Solomon. Each of the mothers, naturally, fought for the living child as their
own. King Solomon ordered:<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “
Cut the baby in half! <o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; That way each of you<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Can have part of him” <o:p></o:p>(see
page 287 of The POVERTY &amp; JUSTICE BIBLE).<o:p></o:p>The
rest of the story, as is often said, is history.<o:p></o:p>In
the instant case, the Defendant/Appellant had appealed against the judgment of
the Akropong Akwapim Circuit Court, dated 25th August 2011, on the sole ground
that the decision of the Court was against the weight of the evidence and
sought an order of this Court setting aside the aforesaid judgment of the Trial
Tribunal.<o:p></o:p>Ultimately,
however, Learned Counsel for the Defendant/Appellant, in his written
submission, prayed that this Court of Appeal should set aside the judgment of
the trial Court and order a rehearing of the case altogether. <o:p></o:p>This
case was initiated in 1993. The original Plaintiff, Jonas Frank Ako-Larbi died
and was substituted by Kwame Offei-Gyebi, who having also died was substituted
by Samuel Larbi.<o:p></o:p>Remarkably,
the original Defendant, Asonahene Kwesi Manyeh similarly died and was
substituted by Godfred Addo Manyeh, who also having died was substituted by
Bruce Manyeh Koranteng.<o:p></o:p>As
was to be expected, the case, from 1993, went through the hands of a number of
judges before judgment was eventually delivered by Ernest Obempeh, J as
Additional Circuit Court Judge in August 2011.<o:p></o:p>The
Plaintiff/Respondent (hereafter referred to simply as Plaintiff or Respondent)
commenced the suit by a Writ of Summons backed by an 11-paragraph statement of
claim seeking a declaration of title to a piece or parcel of land located at
Abiriw Akwapem; recovery of possession of the said land; perpetual injunction;
damages for trespass and damages for conversion.<o:p></o:p>The
Defendant in response filed an 18-paragraph statement of defence together with
a counter-claim praying for the “enforcement of arbitration award against the
Plaintiff” as well as “general damages”.<o:p></o:p>It
was the case of the Plaintiff that his property, which is the land in dispute,
shares boundary with the property of the Defendant, among other boundary
features. He averred that he acquired the land from the Abiriw stool in 1959
and at all times material had been in possession, having partly constructed a
residential facility on the land after duly registering his land and obtaining
a building permit from the relevant authority.<o:p></o:p>On
his part, the Defendant contended that the land in dispute was part of a larger
land he obtained by way of customary gift from one Opanyin Yaw Henaku, Chief
Priest of Bosompra shrine as far back as 1937 which was confirmed by a deed of
gift in 1957; that he built a dwelling house on part of the land; that in 1957
the Plaintiff started construction on a portion of his said land which project
was stopped in 1961/62 following a complaint he lodged with the
Abiriwhene.&nbsp; According to the Defendant,
the Committee for the Defence of the Revolution (CDR) heard the case involving
the land in dispute upon arbitration and found for him, and consequently, warned
the Plaintiff against entering the said land. The Defendant maintained that the
Plaintiff was bound by the award of the CDR.<o:p></o:p>The
case went through a full trial and the Learned judge, upon a considered
judgment, found for the Plaintiff and entered judgment in respect of the
Plaintiff’s claims</main>