PROF. JEROME S. DJANGMAH AND VICTOR KOJO DJANGMAH vs. NUMO NARH GBENA TETTEH WAYOE AND ABEA NARH (alias JOHN NARH) [2019]DLHC8793

PROF. JEROME S. DJANGMAH AND VICTOR KOJO DJANGMAH vs. NUMO NARH GBENA TETTEH WAY... [2019]DLHC8793

Date	2019-01-30
Suit No.	SUIT NO. FAL/17/16
Citation No.	[2019]DLHC8793

HIS LORDSHIP JUSTICE ANTHONY OPPONG

MR. SAMUEL KODJOE ESQ. FOR PLAINTIFFS

MRS. VIVIENNE TETTEH ESQ. FOR 1ST DEFENDANT

[2019]DLHC8793
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													<main id="main" class="content" style="min-height: 60rem" >PROF. JEROME S. DJANGMAH
AND VICTOR KOJO DJANGMAH<o:p></o:p>vs.<o:p></o:p>NUMO NARH GBENA TETTEH
WAYOE AND ABEA NARH (alias JOHN NARH)<o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT NO. FAL/17/16&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
30TH JANUARY, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
SAMUEL KODJOE ESQ., FOR PLAINTIFFS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MRS.
VIVIENNE TETTEH ESQ., FOR 1ST DEFENDANT<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS LORDSHIP JUSTICE ANTHONY OPPONG<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:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>Plaintiffs’ father was the late Peter Djangmah Martey. He
died on 10th March 1971. In his lifetime he acquired a large tract
of land from the Asere Amaganya clan in the 1950s and he used that land as a
cattle kraal. It was stated that 2nd Plaintiff even used to be a
drover of the cattle from the kraal in his youth. The land was said to be
situated at New Ningo and covers an area of 8.36 acres.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs averred that from 1971 when their father died
they have exercised overt acts of possession and ownership over the land
without let or hindrance. Plaintiffs averred further that in 2002, they caused
coconut trees to be planted on the land to demarcate the established boundary between
Ningo and Prampram as represented in Commissioner Justice Jackson report of
1954.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs averred that their late father’s 8.36 acre-land
shares common boundary with the land of Tetteh Wayoe family of Adimble We,
Prampram and 1st Defendant is the Head and lawful representative of
the said family.<o:p></o:p><o:p>&nbsp;</o:p>According to Plaintiffs, in other to avoid any possible
future boundary dispute between them and the Tetteh Wayoe family, the two
families cooperated and caused their respective surveyors duly appointed by
each of them and the surveyors did their work and clearly established and
demarcated the boundaries. The land in dispute was found to lie on the New
Ningo side of the Ningo-Prampram boundary.<o:p></o:p><o:p>&nbsp;</o:p>The 1st Defendant accepted the cadastral plan
which was subsequently drawn up and approved by the Regional Surveyor, Greater
Accra. Plaintiffs emphasized that the said cadastral plan approved by the
Regional Surveyor showed clearly the boundary between the Ningo Traditional
Area and that of Prampram as established by Commissioner Justice Jackson in his
survey report in 1954 and that this boundary between Ningo and Prampram is well
known to all Ningo citizens and Prampram citizens alike.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs averred that since the 1st Defendant and
Plaintiffs established their common boundary peace prevailed until 24th
January 2015 when 2nd Defendant went unto the land with surveyors to
appropriate the land by moving earth moving equipment and started fencing same
even though their entry unto the land had been reported to police who initiated
investigations into 2nd Defendant’s entry unto the land which Plaintiffs
described as trespass.<o:p></o:p><o:p>&nbsp;</o:p>2nd Defendant claimed that it was 1st Defendant
who granted the land to them and Plaintiffs contend that 1st Defendant
knew or ought to have known that neither he nor his family has land beyond the
Ningo- Prampram boundary and cannot therefore give land in dispute to the 2nd
Defendant. Plaintiffs contended further that their father’s land falls within
the Ningo Traditional Area and the 1st Defendant being a Prampram
citizen or coming from Prampram has no title to give to the 2nd Defendant
because the land in dispute is in Ningo and not Prampram.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiffs suing as beneficiaries and administrators of the
estate of the late Peter Djangmah Martey sued Defendants and claimed for
declaration of the 8.36-acre land the description of which was stated in a
schedule attached to the statement of claim; recovery of possession of the said
land; general damages for trespass and perpetual injunction.<o:p></o:p><o:p>&nbsp;</o:p>