FREDERICK YAW AGYARKWA SOMUAH, ADAMS ADDY AND ADU ADDY vs. NII ODAMETEY AND F. K. COMPANY [2020]DLCA8846

FREDERICK YAW AGYARKWA SOMUAH, ADAMS ADDY AND ADU ADDY vs. NII ODAMETEY AND F. K... [2020]DLCA8846

Date	2020-05-13
Suit No.	CIVIL APPEAL NO. HI/27/2018
Citation No.	[2020]DLCA8846

H. A. KWOFIE JA (PRESIDING)

G. S. SUURBAAREH JA

AMMA A. GAISIE (MRS.) JA

NASIRU YUSSIF FOR PLAINTIFFS/RESPONDENTS

IRENE MARIA ALLOTEY-ANNAN FOR 2ND DEFENDANT/ APPELLANT

[2020]DLCA8846
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													<main id="main" class="content" style="min-height: 60rem" >FREDERICK YAW AGYARKWA SOMUAH, ADAMS ADDY
AND ADU ADDY<o:p></o:p>(PLAINTIFFS/
RESPONDENTS)<o:p></o:p>vs.<o:p></o:p>NII ODAMETEY AND F. K.
COMPANY<o:p></o:p>(2ND
DEFENDANT/APPELLANT)<o:p></o:p><o:p>&nbsp;</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;
padding:0cm 0cm 1.0pt 0cm">

CIVIL APPEAL NO.
HI/27/2018&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
13TH MAY, 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>NASIRU
YUSSIF FOR PLAINTIFFS/RESPONDENTS<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">

IRENE MARIA ALLOTEY-ANNAN FOR 2ND
DEFENDANT/ APPELLANT<o:p></o:p>

</div>CORAM:<o:p></o:p>H. A. KWOFIE JA (PRESIDING), G. S. SUURBAAREH JA, AMMA A.
GAISIE (MRS.) 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;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>SUURBAAREH, JA<o:p></o:p>This
is an appeal against the judgment of the High Court, Accra, in which the trial
Court entered judgment for the Plaintiffs/Respondents, whilst dismissing the
counterclaim of the 2nd Defendant/Appellant.<o:p></o:p><o:p>&nbsp;</o:p>The
facts that gave rise to this appeal are not in much dispute.&nbsp; The &nbsp;Plaintiffs/Respondents initially issued out a
writ against the 1st defendant seeking against him a declaration of
title to a piece of land at Ashaladza, near Kasoa; recovery of possession,
damages of trespass as well as an order for perpetual injunction, as land
belonging to the 2nd and 3rd Plaintiffs/Respondents’
Akwanor family of Ashalaja.<o:p></o:p><o:p>&nbsp;</o:p>The
1st defendant, who in his defence denied the Plaintiffs/Respondents’
claim, went on to contend that the disputed land, situated at Afioaka, was
acquired by the Ngleshie chief and that it shared boundary with Ashalaja and
Danchira to the North and South respectively.&nbsp;
<o:p></o:p><o:p>&nbsp;</o:p>The
Plaintiffs/Respondents, who later amended their statement of claim, averred
that the disputed land was granted to the 1st Plaintiff/Respondent,
by the 2nd and 3rd Plaintiffs/Respondents’ Akwanor
family.&nbsp; The Plaintiffs/Respondents, who
pleaded that the Akwanor family had granted portions of their land to other
developers, concluded that the High Court had decreed their family’s title to
the land in Suit No. 1222/89 entitled, Nii Kojo Appiah III and Others v Nii
Akwanor (Subst) Adams Addy &amp; Another, per Appau J (as he then was)
(unreported), dated 3rd December 2003.<o:p></o:p><o:p>&nbsp;</o:p>The
1st defendant, who also sought and amended his statement of defence,
denied the Plaintiffs/Respondents’ claim and contended that the disputed land
was at Busuafise, where he was a chief, and that it shared boundary with
Ashalaja.&nbsp; After giving the history of
the land, he concluded that he had filed an appeal against the judgment the
Plaintiffs/Respondents were relying on as having decreed title in their family.<o:p></o:p><o:p>&nbsp;</o:p>It
was after this amendment by the 1st defendant that the 2nd
defendant/appellant applied and was joined in the suit as a defendant.&nbsp; This joinder necessitated an amendment of the
writ of summons and Statement of claim on 12th April 2013 (see pages
179 – 183 of the record of appeal).&nbsp; In
their amended statement of claim, the Plaintiffs/Respondents averred that the
disputed land belonged to the 2nd and 3rd
Plaintiffs/Respondents’ Akwanor family of Ashalaja, and which they had granted
to the 1st Plaintiff/Respondent.&nbsp;
They also averred that the family had registered a Statutory Declaration
in respect of their land since 1974.&nbsp;
They went on to aver that the 2nd defendant/appellant had
recently fraudulently acquired and registered part of their Akwanor family land
at Ashalaja and was laying claim to same (see paragraphs 3, 4, 9 and 10 of
their amended statement of claim at pages 181 – 182 of the record of appeal).<o:p></o:p><o:p>&nbsp;</o:p>The
2nd defendant/appellant entered appearance and went on to file a
statement of defence and counterclaim in which he denied that the disputed land
belonged to the 2nd and 3rd Plaintiffs/Respondents’
Akwanor family, and contended that he was granted the disputed land by the Nii
Djanbi Amu family of Danchira.&nbsp; According
to the 2nd defendant/appellant, the Nii Djanbi Amu family registered
a statutory declaration in respect of their land in 1976, after the Akwanor
family had registered their own.&nbsp; It went
on to contend that the judgment being relied upon by the
Plaintiffs/Respondents’ Akwanor family, did not affect land at Danchira.&nbsp; After denying the allegations of fraudulent
acquisition, the 2nd defendant/appellant averred that his grantors,
the Nii Djanbi Amu family, had obtained judgment over Danchira lands in the
case of Quarmin Ammu v Insaki and Others, dated 2nd October
1891.&nbsp; It then went on to counterclaim
for title to 3 parcels of land granted it by the Nii Djanbi Amu family, among
other reliefs. <o:p></o:p><o:p>&nbsp;</o:p>It
is necessary to point out that the suit between the Plaintiffs/Respondents and
the 1<s</main>