RICHARD SENCHERY v. KWABENA AGYEI & ANOTHER

MARIAMA OWUSU, J.A.

This is an appeal against the decision of the Circuit Court, Kumasi dated the 10th of March, 2016. In the said judgment, the trial court held amongst other things as follows:

“That is why the court cannot declare that plot Nos. 134 ‘A’ and 134 ‘B’ are the properties of the plaintiff. The plaintiff’s claim (a) falls as the court finds that 2nd defendant’s allocation of the disputed plots has no effect in law. With relief (a) crumbling, all the other related reliefs (b), (c) and (d) fall as well and therefore the court rules that the plaintiff is not entitled to his reliefs.

The court has been silent on the plaintiff’s claim that 1st defendant destroyed the disputed plots. 1st defendant destroyed plaintiff’s defence wall and blocks because the attempt by PW2 Prince Nicholas Nkrumah who described himself as a quantity surveyor to lead evidence on that claim failed miserably. It is however not in dispute that plaintiff paid consideration for the plots he bought from the 2nd defendant. Equity therefore will require that plaintiff gets back his money. Accordingly, the court will Order 2nd defendant to refund his money to him as by his evidence and attitude plaintiff has rejected the offer of any alternative plots.

Cost of Gh¢2,000.00 each is awarded in favour of the defendants.”

Dissatisfied with the decision of the Circuit Court, the plaintiff mounted this appeal on the following grounds:

1. The court erred when it ordered the 2nd defendant to pay for the cost of the two (2) plots as the plaintiff paid for it in 2005.

2. The court erred when it gave judgment against the plaintiff herein.

3. The judgment was against the weight of the evidence adduced at the trial.

4. The court erred when it failed to recognize that Richard Wireko could not have obtained a valid grant since the Kwamo Chief could not have sold something he did not own.

5. The court erred when it rejected the tendering of the Valuation Report.

6. Additional grounds of appeal will be filed upon receipt of the record of appeal.

Relief sought from the Court of Appeal:

The judgment of the Circuit Court be set aside and judgment entered on behalf of the plaintiff.

Before dealing with the arguments advanced for and against this appeal, I will give a brief background of this case.

By his amended writ of summons, the plaintiff claims against the defendants;

a. A declaration of title to two building plots numbered PLOTS 134 A and 134 B, BLOCK ‘R’, ADAKO JACHIE near