S E QUARTEY-PAPAFIO AND ANOTHER v S S LARYEA AND ANOTHER
1936
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
- Cor. KINGDON
- PETRIDES
- WEBBER C.JJ.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
1936
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This joint judgment by KINGDON, C.J., PETRIDES, C.J., and WEBBER, C.J. addresses the title acquired by S. S. Laryea, who purchased land in Ussher Town, Accra, under a writ of fieri facias after J. P. Allotey-Hammond levied execution on a judgment. Although Allotey-Hammond initially obtained £88 and costs without a declaration of ownership, the Commissioner of the Eastern Province later quashed the native tribunal judgment. Papaifo and Adjomoku, the original defendants, then sued Laryea for possession and prevailed, obtaining possession and £25 as mense profits. On appeal, the Court framed the decisive question as whether Laryea obtained good title despite not producing a certificate of purchase or receipt. Relying on Hall, J.’s reasoning in Bodukuma v. Abaka that a certificate merely records a sale and is not conclusive evidence, and noting admission of the sale under Fi. Fa. and Laryea’s possession, the Court held that Laryea’s title was good, reversed the lower courts, and awarded him costs.
The following joint judgment was delivered:-
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, AND WEBBER, C.J., SIERRA LEONE.
J. P. Allotey- Hammond brought an action in the Asere Divisional Tribunal against Messrs. Papaifo and Adjomoku claiming a declaration that he was the owner of a piece of land in Zion Street, Ussher Town, Accra. Judgment in that Tribunal was delivered in favour of Allotey-Hammond. There is no copy of that judgment or those proceedings in the appeal record, but it would appear that AlloteyHammond obtained judgment for £88 and costs, but did not obtain the declaration he sought.
The two defendants, after unsuccessfully appealing to the Ga Manche's Tribunal, took the case on appeal to the Court of the Commissioner, Eastern Province. That Court, coming to the conclusion that both native Tribunals had given judgment concerning a piece of land which was not in occupation of Messrs. Papaifo and Adjomoku, allowed the appeal and quashed the judgment of the native Tribunal.
Before the Commissioner of the Eastern Province had delivered that judgment Allotey-Hammond levied execution on the land in dispute. The land was sold under a writ of Fi. Fa. to S. S. Laryea by public auction for the sum of £280.
Messrs. Papaifo and Adj omoku , who are respondents to this appeal, then sued Laryea in the Ga Manche's Tribunal claiming possession of the property sold to Laryea. J. P. Allotey-Hammond was subsequently made a co-defendant in this suit. The respondents succeeded t\ and were given possession of the property, and the appellants were jointly and severally ordered to pay the plaintiff £25 as mense profits as well as costs. Both appeals having without success been brought in this judgment to the Commissioner of the Eastern Province have now appealed to this Court.
The real question to be decided on this appeal is whether Laryea obtained a good title as against the respondents when he bought the land in dispute. It will be seen from the record that Papaifo admitted that the property was sold under a writ of Fi. Fa. "to cover the award by the Asere Tribunal which was confirmed by Ga Manche's Tribunal."
In our opinion it is not open to doubt that if Laryea had obtained a certificate of purchase in the form provided in these cases (see Form 16 at p. 333 of Vol. III.) and produced it at the trial he would in the absence of any proof that the sale had been irregularly conducted have established a good title to the la