ABA AMOKUMAH VS KOBINA KUM & HANNAH ARTHUR
2024
HIGH COURT
GHANA
CORAM
- LORDSHIP JUSTICE JOHN-MARK NUKU ALIFO “J”
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Family Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around an appeal concerning the ownership of land on which the Appellant's deceased husband built House No. KK66. The initial judgment favored the Plaintiff on most claims except the property in dispute, which was determined as family land. The Appellant’s assertions were not sufficiently corroborated to overturn the judgment. The appellate court reaffirmed the family land status of the property based on customary law and evidence adduced, upholding the Trial Court's decision and principles on burden of proof, family land, and duties of an appellate court.
INTRODUCTION The fundamental question raised for the determination in this appeal involves the nature and ownership at customary law of a piece of land on which the deceased husband of the Plaintiff who died intestate built a house numbered KK66 at Kokoado.
Whilst the 1st and 2nd Defendants maintain that the land belonged to their grandmother/mother respectively and thus assumed the nature of a family property, the Plaintiff on the other hand insists that her late husband acquired the property from Nana Kow Ansah, Chief of Dompoase Kokoase who is the rightful owner of the land.
This is an appeal against the Judgment of Her Honour Mawusi Bedjrah sitting at the District Court, Elmina delivered on 5th September, 2022. Naturally dissatisfied with the decision, the Plaintiff/Appellant registered her protest against the decision of the by filing a Notice of Appeal on 1st December, 2022 consisting of 3 grounds.
Brief Facts The facts that gave rise to the instant appeal are Plaintiff/Appellant (hereinafter called the “Appellant”) was that the wife of the deceased who was also the uncle and brother of the 1st and 2nd Defendants (hereinafter called the “Respondent”)respectively.
1st Defendant was appointed the customary successor of the Plaintiff’s husband after his demise.
According to the Appellant, the Respondents have taken over a 2. 0-acre orange plantation and a 1. 0-acre palm plantation which she jointly developed with her deceased husband some 15 years ago on land acquired from the Chief of Dompoase Kokoado, Nana Kow Ansah.
She further claims that a three-bedroom residential building numbered KK66 developed on a plot of land in the Kokoado township jointly acquired with her late husband from the same Nana Kow Ansah has been taken over by the Defendants.
The Defendants vehemently denied the Plaintiff’s claim and rather submitted that all the properties in contention including the plantations and land on which the house is situate are family lands originally acquired by their Great-grandmother from one Nana Kweku Mensah over a century ago.
On the 24th day of November, 2021 the Appellant commenced the instant action against the Respondents for the following reliefs: The Plaintiff claimed against the Defendants jointly and severally the following reliefs: (a) Declaration of title to that piece or parcel of orange plantation land situate, lying and being at Kokoado, in the Komenda district of the Central Region of the Republic of Ghana containing an appro