Fred Robert Coleman v. Joe Tripollen & ORS

MARIAMA OWUSU, J. A

This is an appeal which turns principally on the assessment of the weight of the evidence adduced at the trial High Court and the point of law that, the trial Judge awarded the defendants, a relief not sought by them.

The plaintiff’s action was dismissed by the trial court.

He is before us for redress.

The facts of the case: The plaintiff by his writ of summons claims the following reliefs against the defendants:

1. Declaration of title to all that large tract of land situate and being at Ankwa Dobro near Nsawam in the Eastern Region and known as the property of Madam Agoe bounded on the North by Quarcoopome’s land, on the South by Baddoo’s land on the East by a road to Nsawam, on the West by the Anfran stream measuring 2300 feet on the North, 3250 feet on the South, 135 feet on the East and 1150 feet on the West respectively.

2. Recovery of possession from the defendants’ plaintiff’s land.

3. General and Special Damages.

4. Perpetual Injunction restraining defendants, their agents, servants, workmen, assigns and successors in title from interfering in any way whatsoever with the land in dispute.

In the statement of claim that accompanied plaintiff’s writ of summons, the latter averred that, he is the Head of Family of Madam Agoe of Ankwa Dobro.

He averred further that, during the life time of Madam Agoe, the latter purchased the disputed land from one Baddoo.

The plaintiff continued that, the purchase was evidence by an indenture dated 29-12-1908 which was duly registered and stamped as No. 54/09. It is the case of the plaintiff that, his grandmother Madam Agoe died in 1931. Upon her death, his son Christian Amonu Coleman who is plaintiff’s father first managed the land in disputed.

His aunt took over the management of the said land until she died and the land has devolved upon him.

The plaintiff averred that, since the death of his grandmother, he and other members of the family have enjoyed undisturbed possession of the disputed land and they even have their cemetery on the land.

He has granted portions of this land to prospective developers.

According to plaintiff when the 1st defendant was made acting chief, he together with 2nd to 5th defendants have unlawfully entered portion of his family land and indiscriminately selling and winning sand, claiming the land covered by the Indenture belongs to them.

All efforts to get the defendants to cease their trespass have proved futile hence this action.

The defendants