ALEC GRANT SAM & ORS v. UNILEVER GHANA LTD & ORS
2016
SUPREME COURT
GHANA
CORAM
- ANIN YEBOAH JSC
- BENIN JSC
- AKAMBA JSC
- APPAU JSC
- PWAMANG JSC
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Probate and Succession
2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
W.E. Sam (Snr) leased his property known as Sam’s Hill to F&A Swanzy for 99 years and upon his death in 1906, devised it to his son, T.B.F Sam. The 2nd defendant's family fraudulently acted as if they owned the property. The plaintiffs, descendants of T.B.F Sam, sued for declarations and the High Court ruled in their favor. The Court of Appeal overturned this ruling. The Supreme Court reviewed the evidence and ruled in favor of the plaintiffs, affirming their ownership and restoring the decision of the High Court.
AKAMBA, JSC
PROLOGUE
Ecclesiastes 3 v 22: Wherefore I perceive that there is nothing better, than that a man should rejoice in his own works; for that is his portion: for who shall bring him to see what shall be after him?
FACTS
The plaintiffs/respondents/appellants Alec Grant Sam & others, (hereinafter simply referred to as the plaintiffs) commenced an action in the High Court, Cape Coast against the defendants/appellants/respondents, Unilever Ghana Ltd & Others, (hereinafter referred to as the defendants) for twelve reliefs, inter alia;
A declaration that the plaintiffs, as representatives of the descendants of William Edward Sam (Deceased), are vested with reversionary title to all that piece or parcel of land lying and being situate at the then Low Town, Cape Coast on the road to Saltpond and popularly known as and referred to as “SAM’S HILL” and which is bounded on the South by the Ashanti Road, on the North and East by W.E. Sam’s property and on the West by Governor Rowe Road.
A declaration that the disputed land was the subject matter of a leasehold Agreement dated 12th November,1902, and executed between W.E. Sam as Lessor on the one hand and F&G Swanzy (ie. 1st defendant’s predecessors in title) on the other hand as lessees for 99 years.
A declaration that WE Sam who died Testate on 11th July, 1906, by his Last Will and Testament devised the disputed land to his son Thomas Birch Freeman Sam (Deceased) and his heirs.
An order for Recovery of Possession of the disputed land
An order of perpetual injunction restraining the defendants, their agents/ servants/ relatives/ assigns from, in anyway, having anything to do with the disputed land
PLAINTIFF’S CASE
The plaintiffs’ case, as gleaned from the accompanying Statement of Claim, is that the late William Edward Sam (Snr) (W.E.Sam, Snr) who hailed from Adja Beppoh near Tarkwa came to settle at Cape Coast. Whilst at Cape Coast, W.E. Sam (Snr) affiliated himself with the Afedu Abadzi family of Cape Coast presently headed by the 2nd defendant. W.E.Sam (Snr) was an accomplished personality in his time. He was the strongest indigenous holder of shares in the mines on the Wassaw Fields and an accomplished Mining engineer and adviser of the mines. Apart from his financial resourcefulness, he invested also in the education of his children. He had two children.
The plaintiffs are the great grandchildren of the aforesaid W. E. Sam, (Snr) had two sons, Thomas Birch Freeman Sam (T.B.F.Sam) and William E