SUKA v. GLAVEE
1991
HIGH COURT
GHANA
CORAM
- ACQUAH J
Areas of Law
- Alternative dispute resolution
- Civil Procedure
- Evidence Law
1991
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought enforcement of an arbitration award, damages for trespass, and an injunction against the defendant who continued building on disputed land despite the arbitration ruling. The district magistrate examined the validity of the arbitration and confirmed the award in favor of the plaintiff, issuing the requested injunction and damages. The defendant's appeal was dismissed on the grounds that the trial magistrate had jurisdiction to confirm the arbitration award and that the judgment was based on substantial evidence. The legal discussion clarified that courts can confirm but not directly enforce customary arbitration awards without judicial determination of their validity.
JUDGMENT OF ACQUAH J.
This is an appeal against the judgment dated 26 July 1986, of his Worship Sampson Brako-Yeboah, sitting at the District Court Grade I, Keta. The plaintiff-respondent (hereinafter referred to as the plaintiff) took this action at the said district court against the defendant-appellant (referred to hereafter as the defendant) for an enforcement of the arbitration award of one Regent Zonyirah, ¢50,000 general damages for trespass and perpetual injunction restraining the defendant, his workmen, servants, agents and privies from further trespass onto his land. The boundaries of the land in dispute were set out as:
"On the east by Chief Adator family land, on the west by Zeye family land, on the north by Zeye family land and on the south by Tsiame-Asarame motor road." The case of the plaintiff is that the said land was acquired through conquest by an ancestor of his family called Chief Bodua I, who named the place Asarame, i.e. war camp. On the death of Chief Bodua I, he was succeeded by Chief Bodua II, then Bodua III and finally he, the plaintiff. Recently he piled a heap of sand on the land to begin building operations. But the defendant, whose father came to marry from Asarame, on seeing the activities of the plaintiff on the land, summoned him before Regent Zonyirah. In the said summons the defendant claimed the land to be his family property and sought an explanation from the plaintiff why he had heaped sand on his, the defendant's, family land.
Before Regent Zonyirah, the plaintiff was informed of the complaint of the defendant, and he agreed that Regent Zonyirah and his elders should arbitrate on the defendant's claim. The elders took evidence from the plaintiff and the defendant together with their witnesses, visited the locus in quo, and retired to consider their decision. They made an award declaring the plaintiff’s family to be owner of the [p.197] land, and directed the plaintiff to go on with his operations on the land. Notwithstanding this award, the defendant entered the land and started building. Hence the plaintiff instituted the instant action claiming the reliefs set out above.
The defendant's case is that, although he initiated the arbitration, he rejected the award which was pronounced. He maintained that the land in dispute belonged to his family which had exercised overt acts of ownership thereon since time immemorial. He said his family has granted portions of the land to the Bethel Church and Asarame Distiller