NANA ASIEDU AGYEMANG II v. SCANCOM LIMITED & ANOR

KULENDI JSC:-

INTRODUCTION:

1. The appeal was initiated by the Plaintiff/Respondent/Appellant through the filing of a notice of appeal dated 11th January, 2021, seeking to overturn the judgment of the Court of Appeal dated the 4th of November, 2020, coram: SOWAH (MRS), SUURBAAREH, MENSAH-HOMIAH (MRS) JJA. For ease of reference, the parties to this appeal shall be referred to by their original designations before the Trial Court.

BACKGROUND

1. On the 13th of March, 2007, the Plaintiff suing for himself and the Abetifi stool of Kwahu, in his capacity as Abetifihene commenced the suit against the 1st Defendant before the High Court, Koforidua. The thrust of his case was that Abetifi lands are stool lands over which he, as chief, exercises custodianship for and in trust for his subjects.

2. According to the Plaintiff, sometime in 2006, he observed that agents of the 1st Defendant were erecting a communication mast on a portion of his stool land without the consent of the stool. According to the Plaintiff, he allowed the construction to proceed unhindered, in the spirit of peace and good conscience, and after completion of the installation, he caused his lawyers to draw the 1st Defendant’s attention to their trespass.

3. The 1st Defendant entered appearance to the Writ of Summons on the 30th of March, 2007 and delivered a Statement of Defence on the 30th of August, 2007. The 1st Defendant averred, per paragraph 3 of the Statement of Defence, that it was the 2nd Defendant, a subject of the stool, who leased a small portion of land in her occupation to the 1st Defendant for the erection of the mast.

4. It was on account of the foregoing, that the Plaintiff by an order of the High Court dated 28th May, 2012, joined the 2nd Defendant to the suit and by an amended Writ of Summons filed on 11th October, 2012, sought the following reliefs:

i. A declaration of title to all that piece or parcel of land situate, lying and being at Abetifi on Abetifi Stool land, bounded by the properties of Afua Oforiwaa, Madam Amma Anane, Opanin Darko and a proposed road;

ii. Recovery of possession together with damages for trespass in the sum of 200 million cedis (now GH¢20,000); and

*iii. A perpetual injunction restraining the Defendants, t