ISAAC OSEI SAFO v. SAMUEL KWAME SACKEY
2011
COURT OF APPEAL
GHANA
CORAM
- AKAMBA, J.A. (PRESIDING)
- KUSI-APPIAH
- KORBIEH. J.A
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
- Tort Law
2011
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Kusi-Appiah, J.A., with Akamba, J.A., presiding, and Korbieh, J.A., concurring) dismissed Samuel Kwame Sackey’s appeal from the High Court (Fast Track), Accra, which had awarded damages to Isaac Osei Safo for the wrongful demolition of his nearly completed seven-bedroom house at Amrahia. Safo’s father, Opanin Kwadwo Safo, had acquired the land in 2001 from Nii Amoafio II of the Nii Arma Okromansa family and supervised construction. Sackey asserted title via a grant from Nii Ashong Kojo II and a prior judgment in Suit No. L 75/2002, and relied on an interlocutory injunction against Safo’s grantor. The Court held that agency may be created orally; Safo’s father had implied authority to sue without a formal power of attorney, affirmed by Safo’s testimony. Interlocutory injunctions and judgments inter partes do not bind non-parties; Sackey could not enforce a prior judgment against Safo, making the demolition unlawful. The Court affirmed compensatory damages (GH¢182,616.79), crediting unchallenged valuation evidence.
JUDGMENT
KUSI-APPIAH, J.A.: This is an appeal against the judgment of the High Court (Fast Track), Accra dated 19 May, 2008. The facts giving rise to this action are very simple. The Plaintiff sued the Defendant for aggravated damages for demolishing his almost completed house at Amrahia near Accra and also for an order of perpetual injunction.
Evidence on record indicates that Plaintiff who lives and works in Germany mandated his father Opanin Kwadwo Safo to look for a piece of land for the purposes of putting up a dwelling house. In pursuance to this request, the father got this land from Nii Amoafio II, Head of the Nii Arma Okromansa family of Amrahia with the consent and concurrence of the principal members of the said family somewhere in 2001. This piece of evidence is supported by an indenture dated 2nd February, 2001 and tendered as Exhibit “G”.
According to the Plaintiff construction of the building commenced from December 2001 and was roofed in 2005. The Plaintiff averred by his pleadings that until 15th April 2005, he was constructing a dwelling house consisting of seven bedrooms at Amrahia under the supervision of his father Oheneba Kwadwo Safo when the Defendant caused a group of people to pull down the whole building, hence this action.
The Defendant resisted the claim of the Plaintiff and went further to claim ownership of the disputed land by virtue of a grant to him by NII ASHONG KOJO II and a judgment he obtained in suit no: L 75/2002 titled Samuel Kwame Sackey vrs. Mr. Akuetteh and 4 Others.
By paragraphs 6 and 7 of the Statement of Defence, the Defendant averred that “having obtained judgment notice thereof was served on all the grantees, agents and assigns of the Defendant therein which include the Plaintiff herein”. It was further averred that pursuant to leave for writ of possession to issue and a subsequent demolishing order made by the High Court (Fast Track) Accra, the Defendant herein was lawfully put in possession by the Deputy Sheriff of the High Court.
Evidence was led by the parties and their witnesses at the end of which judgment was given in favour of the Plaintiff. It is against this judgment that the Defendant has appealed on the following grounds:
1. The judgment is not supported by the weight of evidence.
2. The trial Judge erred in clothing the Plaintiff’s Attorney with capacity when he had no power at the time of his testimony.
3. The trial Judge was misplaced on the facts and erred in holding that the Defe