ADJABENG v. KWABLA
1960
HIGH COURT
GHANA
CORAM
- OLLENNU J
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Equity and Trusts
1960
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought a declaration of title, damages, and an injunction over land claimed to be inherited from his father, alleging it as his father's self-acquired property. The defendant argued he bought the land from the father. The native court ruled for the plaintiff, but key procedural errors, including refusal of adjournments, led to a successful appeal. The appellate court held the plaintiff failed to prove possession at the father's death and validated the sale to the defendant. Thus, the appeal was allowed, setting aside the native court judgment and dismissing the plaintiff's claim.
JUDGMENT OF OLLENNU, J.
This is an appeal from a judgment of the West Akim Abuakwa Local Court, Division "2", sitting at Asamankese. The respondent, who was the plaintiff in the native court, claimed:- (1) declaration of title, (2) damages for trespass, and (3) injunction in respect of a piece of land situate at Asiase near Asamankese; the land is fully described in the writ of summons. The grounds for his claim are that the land was the self-acquired property of his father, one Benjamin Kwame Ofori Adjabeng of Somanya, now deceased, and that he (plaintiff) has succeeded to it. Opposing this claim, the defendant contended that he purchased this land from the plaintiff's said father about 13 years ago, and that he has remained in possession as owner thereof ever since.
To succeed in his claim the plaintiff must establish two facts; if he fails in either of them his claim ought to be dismissed. The two things which he must establish are:-
(1) that his father was owner in possession of the land at the date of his death, and either
(2) that he is the head of his father's family, or
(3) that he has been properly appointed successor to his father by the head and principal members of his father's family.
Before the merits of the case are dealt with, it is necessary to dispose of an important procedural matter. During the course of his evidence the defendant said that the plaintiff's father executed a deed of conveyance in his favour to evidence the sale of the land to him (the defendant) and that he had left the document in his home town, and wanted an adjournment to enable him to produce it. The native court accordingly granted the adjournment. The defendant, however, failed to appear on the adjourned date, but the native court received a letter from the chief clerk of the Adidome/Tongu Hospital, forwarding a medical certificate issued by the doctor in charge of that hospital certifying that the defendant was ill, had been admitted to hospital and could not attend court that day. Thereupon the native court adjourned the case to another date. On that date also another certificate of the doctor in charge of the hospital was received by the native court stating that the defendant was still a patient in the hospital and could not attend court. In spite of this medical certificate, the native court refused to grant a further adjournment, stating that they must finish the case before November 23, 1959; apparently they knew that their court would cease to exist o