SETH NII QUAYE HAMMOND vs. ST. LUKE METHODIST CHURCH PER ITS [2021]DLCA10067

Date	2021-02-25
Suit No.	SUIT NO: H1/06/2020
Citation No.	[2021]DLCA10067

ADJEI J.A

SUURBAAREH J.A

WOOD J.A

ROBERTSON KPATSIA FOR PLAINTIFF/RESPONDENT

GEORGE ESHUN AMISSAH FOR APPELLANT

[2021]DLCA10067
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													<main id="main" class="content" style="min-height: 60rem" >SETH NII QUAYE HAMMOND<o:p></o:p>(DEFENDANT/
APPELLANT)<o:p></o:p>vs.<o:p></o:p>ST. LUKE METHODIST CHURCH PER ITS<o:p></o:p>(PLAINTIFF/
RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SUIT NO: H1/06/2020&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
25TH FEBRUARY, 2021<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ROBERTSON KPATSIA FOR PLAINTIFF/RESPONDENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm;">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 0cm 0cm">GEORGE ESHUN AMISSAH FOR
APPELLANT<o:p></o:p>

</div>CORAM:
<o:p></o:p>ADJEI J.A, SUURBAAREH J.A, WOOD J.A<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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>&nbsp;ADJEI,
J.A:<o:p></o:p>The
Defendant who lost the action and had his counterclaim dismissed by the High
Court on 14th February, 2020 filed an appeal against the said judgment to the
Court of Appeal on 20th February, 2020. In this appeal, the Defendant/Appellant
and the Plaintiff /Respondent shall be described with their respective
designations before the trial High Court.<o:p></o:p>The
Plaintiff claimed its root of title through a Will made by the late Lydia
Akuokor Lamptey who died in 1992. According to the Plaintiff the late Lydia
Akuokor Lamptey exercised absolute ownership rights over the land in her
lifetime and the Plaintiff too continued to exercise unfettered rights over the
land for over twenty years before commencing the action in the High Court which
culminated in the appeal before this Court. The Plaintiffs pleadings were to
the effect that the devises made to her included a building on a plot which is covered
by a lease and an adjoining land which falls outside the conveyance made
between Asere Stool and the late Lydia Akuokor Lamptey. The Plaintiff’s
position is that her grantor exercised unfettered rights over that adjoining
land during her lifetime and she has also unfettered rights over same for over
twenty years and was therefore entitled to ownership by the invocation of the
Limitation Act, NRCD 54. The Plaintiff on her endorsements sought for a
declaration of title to the land described in the vesting assent including the
land covered by the grant and the adjoining land not covered by the conveyance
and an order for perpetual injunction.<o:p></o:p>The
Defendant on the other hand did not dispute the interest of the late Lydia Akuokor
Lamptey in 0.29 acre land situate and lying at Bubuashie Accra and bounded on
the North-East by proposed road measuring 100 feet on the South-West by
Oloquaye’s land measuring 100 feet on the South-East by Cobblah’s land measuring
120 feet and on the North-West by E.B.A. Hammond’s land measuring 120 feet
which she acquired on 2nd July, 1954 and covered by an indenture. The disputed
land is the adjoining land to the 0.29 acre land acquired by the late Lydia
Akuokor Lamptey. The Defendant counterclaimed against the Plaintiff for; a
declaration that the Defendant’s family is the owner of the land in which
judgment was given by the High Court intituled E.N.A Hammond v William Wallace
Bruce and 2 Others with Suit No. AL 7/ 2003, an order for perpetual
injunction, general and special damages.<o:p></o:p>At
the close of pleadings the Defendant filed six issues and the Plaintiff also
filed eight issues and all the fourteen issues were set down for trial by the
trial High Court. The trial High Court resolved the matter on three of the
issues namely; issue (4) filed by the Defendant and additional issues (i) and
(ii) filed by the Plaintiff. The issues are as follows:<o:p></o:p>“(4)
Whether or not the Plaintiff has been in possession of land &nbsp;&nbsp;devised to it and walled it in 1992 or later.<o:p></o:p>(i)
Whether or not Lydia Akuokor Lamptey, Plaintiff’s divisor was in full and undisturbed
possession of the property, the subject matter of the instant action during her
lifetime.<o:p></o:p>(ii)
Whether or not the Defendant has ever exercised any control or possession over
the property in dispute.”<o:p></o:p>The
High Court determined the matter and found that even though the disputed land
was not acquired by the late Lydia Akuokor Lamptey &nbsp;she exercised unfettered ownership rights over
same and the Plaintiff also was in adverse possession on the land for over
twenty years and as a result of the undisturbed possessory rights of the
Plaintiff and her grantor sustained the plea of the Limitation Act, N.R.C.D 54
in favour of the Plaintiff. The High Court granted all the reliefs sought by
the Plaintiff and dismissed the Defendant’s counterclaim.<o:p></o:p>The
Defendant dissatisfied with the judgment delivered by the High Court filed his
notice of appeal against same. The notice of appeal contained three grounds of
appeal and are as follows:<o:p></o:p>“(1)
The learned trial Judge erred in holding that the testator Lydia Akuokor occupied
more land than is represented by the indenture made by her by the Asere Stool.<o:p></o:p>(2)
The learned trial Judge erred in holding that the vesting assent made by the
executor of the testator represented the land of the testator.<o:p></o:p>(3)
The judgment is against the weight of evidence.”<o:p></o:p>We
address gr</main>