MR. SALAM v. MR. C.K. ARHIN
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI JA (PRESIDING)
- SENYO DZAMEFE JA
- WELBOURNE (MRS.) JA
Areas of Law
- Corporate Law
- Property and Real Estate Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this case, the Plaintiff sought a declaration of ownership of a farmland registered under Okyeso Farms Limited, which he claimed to have acquired and operated. The Defendant, previously employed by the Plaintiff, disputed this claim and asserted his own ownership, leading to a trial where the Plaintiff won. Upon appeal, the Court of Appeal set aside the trial Court's decision, citing the Plaintiff's lack of capacity to sue personally as the farmland was owned by a separate legal entity, Okyeso Farms Limited. The appeal emphasized corporate separateness and the necessity for entities to litigate in their own names.
ADUAMA OSEI JA:
By a writ of summons issued in the High Court, Kumasi, on the 26th of March, 2008, the Plaintiff/Respondent, hereinafter referred to asthe Plaintiff, claimed the following reliefs against the Defendant/Appellant:
1. A declaration that ownership to the farmland situate at Ampeyoo Krofofrom near Kumasi and which is registered as Okyeso Farms Limited is vested in the Plaintiff and his wife.
3. An order of perpetual injunction restraining the defendant, his agents, servants, heirs and any person claiming title through him from interfering with the Plaintiffs farmland in dispute.
5. An order claiming one third (1/3) share of the animals reared on the plaintiffs farmland by the defendant.
The Plaintiff sought to justify the institution of his action in the statement of claim that accompanied the writ of summons.
He stated in the statement of claim that in or around 1994, he acquired an 8. 56 acre farmland situate at Ampeyoo Krofofrom on Agyeiwaa Stool land from Nana Kwabena Bonsu, Otumfour Apentenhene, and Opanin Kwabena Opong, the Odikro of Ampeyoo.
He said he paid the drink money for the land and his grantors gave him allocation papers.
The Plaintiff stated further that on the 20th of March, 1984, he registered his farms asOkyeso Farms Limited, under the Companies Act, 1963 (Act 179) and he built a 5-room living house and concrete structures on the land for the purpose of keeping farm animals.
Having done these, the Plaintiff started rearing cattle, pigs, goats and sheep on the land.
The Plaintiff alleged that in or around 1990, he employed the Defendant/Appellant, hereinafter referred to as the Defendant, on the land as farm keeper with the following terms of employment: a) To keep and care for the farm animals; b) To send the cattle out for pasture; c) To be paid a monthly salary; d) To be provided, together with wife and children, with free accommodation in the 5-room house built on the farm; e) To be provided with free medical care, together with his family; f) Permission to grow food crops on the farmland for their subsistence; and g) A right to freely milk the cows for sale and or his own consumption.
According to the Plaintiff, his farming venture encountered a number of difficulties and in or around January, 1998, he told the Defendant that the farming enterprise had collapsed and he would therefore not be able to maintain him as an employee on a monthly salary.
He however gave the Defendant the option to remain in occupa