LARYEA v. OFORIWAH

JUDGMENT OF ABBAN J. A.

The dispute related to a piece of land at Lartebiokorshie in Accra which land formed part and parcel of Sempe stool land, a fact which both parties acknowledged. Indeed the respondent (hereafter called the plaintiff) claimed to have bought the land from the Sempe stool through its occupant Nii Tetteh Kpeshie II and his elders; while the appellant (hereafter called the defendant) averred that the same piece of land was granted to him by Kpakpo Moffat, Dzasetse of the Sempe stool.

The plaintiff sought a declaration of title to the said land. She also claimed damages for trespass and an order for injunction. I refer to the relevant portions of the amended statement of claim which read as follows:

"(1) The plaintiff is the owner of all that piece of land as per plan attached.

(2) The plaintiff was granted that land by the Sempe stool by a sale in 1950.

(2A) In September 1976, a deed registered as No 4179/1977 was executed by the Sempe stool to evidence the said sale.

(3) The plaintiff was put in possession and has remained in possession undisturbed till recently disturbed by the defendant.

(4) The defendant has trespassed on the said land by trying to build on it."

In his amended statement of defence, the defendant denied the plaintiff's claim and in paragraph (2) of the said amended statement of defence, the defendant averred:

"(2) The defendant does not admit paragraph (2) of the statement of claim and says that if the grant referred to in the said paragraph was made, which is not admitted, the same conferred no title to the land in dispute on the plaintiff since by the judgment of the Native Court B dated 11 September 1948, in the case of Nii Kpakpo Moffat and Others v Nii Tetteh Kpeshie II, the Sempe Mantse was not competent to make a valid alienation of Sempe stool lands without the consent of the said Nii Kpakpo Moffat which consent was neither sought nor given in the case of the plaintiff's alleged grant.

[p.416]

(3) The defendant denies that the deed No 4179/1977 was executed by the Sempe stool to evidence an alleged sale of the land in dispute to the plaintiff or at all."

In the remaining paragraphs of the amended statement of defence, the defendant contended that he had obtained his grant from the same Sempe stool through Nii Kpakpo Moffat, Dzasetse of the stool, over 30 years ago.

At the trial, the plaintiff gave evidence to the effect that the disputed plot was purchased by her from Nii Tetteh Kpeshie II the l