MFUM FARMS AND FEEDMILL LTD vs. MADAM AGNES GYAMFUA – DECEASED(SUBSTITUED BY MRS LOVIA OPOKU BANDOH) [2018]DLSC2484

MFUM FARMS AND FEEDMILL LTD vs. MADAM AGNES GYAMFUA – DECEASED(SUBSTITUED BY MRS... [2018]DLSC2484

Date	2018-10-24
Suit No.
Citation No.	[2018]DLSC2484

ADINYIRA (MRS) JSC (PRESIDING)

DOTSE JSC

YEBOAH JSC

BAFFOE-BONNIE JSC

AND APPAU JSC

KWAME ASIEDU-BASOAH FOR THE DEFENDANT/APPELLANT/APPELLANT.

ADU-GYAMFI FOR THE PLAINTIFF/RESPONDENT/RESPONDENT.

[2018]DLSC2484
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													<main id="main" class="content" style="min-height: 60rem" >&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;MFUM FARMS AND FEEDMILL
LTD

vs.<o:p></o:p>

<o:p>&nbsp;</o:p>

[SUPREME COURT, ACCRA]<o:p></o:p>

<o:p>&nbsp;</o:p>

SUIT
NO:&nbsp; CIVIL&nbsp; APPEAL NO. J4/25/2017&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;DATE:
24TH OCTOBER, 2018&nbsp;&nbsp; <o:p></o:p>

</div>

COUNSEL:&nbsp;&nbsp;&nbsp; <o:p></o:p>

</div>

CORAM: <o:p></o:p>

</div>

<o:p>&nbsp;</o:p>

JUDGMENT<o:p></o:p>

</div>

<o:p>&nbsp;</o:p>

DOTSE, JSC:- <o:p></o:p>

This
is an appeal by the Defendant/Appellant/Appellant, hereafter referred to as
Defendant, (who was by order of this court, substituted in place of the
original Defendant-now Deceased) against the judgment of the Court of Appeal,
Kumasi, dated the 16th day of April, 2015. The said Court of Appeal
judgment affirmed the trial High Court decision of 10th May 2006
which granted the reliefs claimed by the Plaintiff/Respondent/Respondent
hereafter Plaintiff against the Defendant.<o:p></o:p>

<o:p>&nbsp;</o:p>

A declaration of title and recovery
of possession of all that piece or parcel of land known as plot No. 17, TUC
Estate Adiembra, Kumasi.<o:p></o:p>

<o:p>&nbsp;</o:p>

Damages for trespass<o:p></o:p>

<o:p>&nbsp;</o:p>

Perpetual injunction against
the Defendant, her servants, agents and assigns from interfering with the said
land.<o:p></o:p>

<o:p>&nbsp;</o:p>

The
Plaintiff contended that Plot No. 17, TUC, Adiembra, Kumasi was leased to
it&nbsp; on 15th October 1992 by
the Workers Housing Society for 50 years with effect from 1st April
1971. They further contended that the said lease was registered at the Land
Registry on 11th March 1993 under Land Title No. 15298 and Serial No
168/93. The anchor of the Plaintiffs case at the trial High Court had been the
said Land Title document which they tendered as Exhibit A. it is this Exhibit
A, which the two lower courts accepted and relied upon despite the many issues
raised about it’s authenticity and reliability.<o:p></o:p>

It
was the case of the Plaintiff that the Defendant had trespassed on the said land
by depositing cement blocks and other acts preparatory towards development of
part of the land and had refused to vacate and or quit, despite repeated
demands and mediation attempts which failed.<o:p></o:p>

<o:p>&nbsp;</o:p>

The
Defendant on the other hand, whilst denying the averments of the Plaintiff,
asseverated that, she was on the 21st day of August 1971 allocated
Plot No. 17B under the Ghana Trade Union Congress Housing Estate outright and
Hire Purchase Scheme per Depositor’s Pass Book Account No. HP/CK on 21st
August 2011. She further contended that there were other allocations of Plot
Nos. 17A, 17C and 17D to other persons and that all of these persons including
herself had performed overt acts of ownership on the lands without let or
hindrance from anyone whatsoever. The Defendant finally pleaded the statute of
limitation and argued that the Plaintiff is barred by effluxion of time in
raising the issue of title and or ownership in respect of this Estate House No.
17 B Adiembra, Kumasi.<o:p></o:p>

<o:p>&nbsp;</o:p>