FRANK AGYEMAN PREMPEH vs. AMON KOTEY AND SUSAN KORKOR SAM [2021]DLCA11554

Date	2021-04-15
Suit No.	SUIT NO: H1/237/20
Citation No.	[2021]DLCA11554

DENNIS ADJEI J.A (PRESIDING)

BERNASKO-ESSAH J.A

ADJEI-FRIMPONG JA

FELIX NANA OSEI FOR PLAINTIFF/APPELLANT

ROBERT YARTEY FOR 1ST DEFENDANT/RESPONDENT

KWAMINA BAIDEN FOR 3RD DEFENDANT/RESPONDENT

[2021]DLCA11554
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													<main id="main" class="content" style="min-height: 60rem" >FRANK AGYEMAN PREMPEH<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>AMON KOTEY AND SUSAN KORKOR SAM<o:p></o:p>(DEFENDANTS/RESPONDENTS)<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;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SUIT
NO: H1/237/20&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: 15TH APRIL, 2021<o:p></o:p>

</div>COUNSEL:<o:p></o:p>FELIX
NANA OSEI FOR PLAINTIFF/APPELLANT<o:p></o:p>ROBERT
YARTEY FOR 1ST DEFENDANT/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 0cm 1pt;">

KWAMINA BAIDEN FOR 3RD
DEFENDANT/RESPONDENT<o:p></o:p>

</div>CORAM:
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>DENNIS ADJEI J.A (PRESIDING), BERNASKO-ESSAH J.A,
ADJEI-FRIMPONG JA<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;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-FRIMPONG, J.A<o:p></o:p>In
the discourse of this appeal, we shall conveniently refer to the
plaintiff/appellant as “plaintiff” and the defendants/respondents as
“defendants” respectively.<o:p></o:p>Originally,
at the High Court (Land Division) Accra, the plaintiff, claiming essentially,
ownership over a plot of land at McCarthy Hill, Accra, commenced the action against
two defendants; Amon Kotey, as 1st defendant, and the Ghana Police Service
as 2nd defendant. <o:p></o:p>As
we gather from the pleadings, the plaintiff joined the Ghana Police Service in
the action because, as was alleged, the defendant had, through some influence
he had in the security agencies of the state, procured the police to harass him
and his family over the land.<o:p></o:p>From
the record, the Ghana Police Service never appeared to contest the matter. The
plaintiff’s own interest in sustaining the action against it appeared waning with
time. Eventually, he discontinued the matter against the service putting the
claim against it to rest. <o:p></o:p>Prior
to the discontinuance however, the trial court delivered a ruling in an
injunction application filed by the plaintiff. In it, the court suo motu
joined Susan Korkor Sam, the 2nd defendant herein as 3rd
defendant in the action. The joinder was based on what the court gathered from
the pleadings and the affidavit as the 1st defendant having,
assigned whatever interest he had in the land to the 3rd defendant.
The 3rd defendant had indeed, been placed in possession albeit with
the plaintiff’s resistance. Upon her joinder, the 3rd defendant
appeared and put up a strenuous contest in the matter against the plaintiff.<o:p></o:p>The
plaintiff pleaded his case before the trial court as follows:<o:p></o:p>He, in
August 2007 acquired from the Gbawe Kwatei Family the land subject matter of
the suit situate at McCarthy Hill, Accra and covering an area of 0.37 acres in
the first instance and subsequently, a total area of 0.64 acres and bounded on
the North West by Gbawe Kwatei Family land measuring on that side 122 feet more
or less and on the South East by a proposed road measuring 142 feet more or
less and on the South West by the same family measuring 122 feet more or less.<o:p></o:p>Upon
obtaining vacant possession of the land, he caused corner pillars to be erected
and also deposited building materials on it. He also went through the process
of registration without encountering any objection and succeeded in registering
his title with Land Certificate No. GA 27356 VOL 08 VOLIO 298. He thus became
the indefeasible proprietor of the subject matter having also acquired other
plots in the same area. He was in peaceful possession until some time in March
2010 when he had information that the 1st defendant had sent workmen to deposit
building materials on the plot and start working on same using the materials
including those put there earlier by himself. He quickly notified the grantor
family and the police.<o:p></o:p>He
pleads further that the grantor family invited the 1st defendant and
on examining documents produced by him, found same to be fraudulent. It was
made clear to the 1st defendant that the land had been lawfully
granted to him (plaintiff). <o:p></o:p>In
spite of clear notices to the 1st defendant that the plot did not
belong to him followed by demands upon him to stop any development, he went
head to unlawfully erect a structure on it. The defendant did so, backed by the
police and his links in the security agents of the state. <o:p></o:p>As
if that was not enough, the defendant subjected him to constant police
harassment including a police raid in his house at dawn on a Good Friday to
harass and traumatize his family.<o:p></o:p>For
all this, and as the defendant would not put a stop to his trespassory acts, he
mounted the suit at the High Court. <o:p></o:p>The
reliefs sought at the trial included declaration of title to the land, subject
matter of the suit, recovery of possession thereof, damages for trespass, an
order demolishing the structures erected and materials put on the land and
perpetual injunction. <o:p></o:p>