MRS. VINCENTIA MENSAH v. NUMO ADJEI KWANKO II
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, JA (PRESIDING)
- AGNES DORDZIE, JA
- MARGARET WELBOURNE, JA
Areas of Law
- Customary Law
- Property Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff, representing the family of Sardis Noa Adjeitey, claimed entitlement to a 33.06-acre land. The trial court ruled in her favor, but the appellant contested the judgment on several grounds, including the irregularity of the judgment and the validity of the Power of Attorney. The appeal succeeded in part, with the judgment being set aside and the appellants counterclaim upheld.
JUDGMENT
MARFUL-SAU, JA: - The plaintiff who is the respondent in this appeal commenced this action as the head of the family of one Sardis Noa Adjeitey. She was also the daughter, customary successor and heir of the said Sardis Noa Adjeitey and as such claimed to be entitled to the beneficial enjoyment and control of the land the subject matter of this case. The land in dispute, which was well described in the writ of summons, measured according to the respondent approximately 33.06 acres situate at Barchona station, North Teshie. The action was originally brought against two defendants, namely Numo Adjei Kwanko II as the first defendant and Nii Nortey Adjeifio as the second defendant. By the writ the respondent claimed the following reliefs:-
1. Declaration of title to the land which measured approximately 33.06 acres and more described in the writ of summons.
2. Injunction to restrain the defendants their agents and servants from interfering with the said land in particular by selling or developing or trespassing on any portion of same.
3.An order that the defendants do forthwith pull down, demolish and remove all and any structures erected on the land whether by themselves or by their servants or agents or otherwise without the prior knowledge and consent of the plaintiff.
From the record of appeal the two defendants disputed the claims of the respondent and each separately filed a statement of defence and a counterclaim. The record however showed further that the second defendant, Nii Nortey Adeifio was non-suited and his name was struck out as a party on the 22nd February 2005. The respondent’s action was thus contested by the first defendant Numo Adjei Kwanko II who is the appellant in this appeal. It is also important to state that even though the respondent issued the writ in her own name, the writ was endorsed to the effect that she was suing per her lawful attorneys Samson Okai Adjeitey and John Allen. During the pendency of the case the original respondent Vicentia Mensah died and she was substituted by Beatrice Tsotso Adjeitey. Before her death however Vincentia Mensah revoked the earlier Power of Attorney and appointed two new attorneys, namely Boniface Lumor and John Allen to act on her behalf.
The case proceeded to trial and at the end of the hearing the trial court entered judgment for the respondent on her claims. The appellant aggrieved by the said judgment has thus appealed to this court praying that the judgment entered against