March 31, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Asiedu JA, with Domakyaareh JA presiding and Poku-Acheampong JA concurring) reversed a Circuit Court judgment that had rejected Abena Adoma’s defense to Georgina Akyaa’s claim for recovery of a room and mesne profits at House No. Plot 61, Block C, Bremang, Kumasi. The appellate court held that George Yaw Asamoah, the deceased owner, validly gifted one room each to his sisters, Ama Donkor and Akua Eniyena, in a customary ceremony at Namon, evidenced by aseda and subsequent possession by their children. Relying on Supreme Court authority, the court emphasized that joint acquisition during marriage is a rebuttable evidential presumption; Georgina pleaded the property was self-acquired, so spousal consent was unnecessary. The trial judge’s speculative findings, insistence on the wife’s presence, and witness-count mentality were legal errors. The court dismissed Georgina’s claim, denied Abena’s title declaration but granted a perpetual injunction securing Abena’s quiet enjoyment, and awarded GH₵5,000 costs.
ASIEDU, JA.
This is an appeal against the judgment of the Circuit Court, Kumasi delivered on the 2nd day of May 2018. The Plaintiff/Respondent, Georgina Akyaa alias Georgina Asamoah issued a writ of summons against the Defendant/Appellant, Abena Adoma on the 11th day of November 2014. In the said writ, which was accompanied by a statement of claim, the Plaintiff claims against the Defendant:
1. Recovery of one room being occupied by the Defendant in H/NO. Plot 61, Block C Bremang, Kumasi.
2. Mesne Profit.
In her statement of defence, the Defendant counterclaimed against the Plaintiff for:
(a) A declaration of title to one room situate at H/NO. Plot 61 Block C Bremang, Kumasi
(b) An order of perpetual injunction restraining the Plaintiff and all those who claim through her from interfering with the Defendant (sic) quiet enjoyment of the room in dispute.
(c) Cost and any other reliefs as the Court may deem fit.
After the trial, the Circuit Judge gave judgment in favour of the Plaintiff against the Defendant; who, being aggrieved thereby, filed the instant appeal on the 23rd day of May 2018. Although the defendant failed to state, in the notice of appeal, the relief(s) which she seeks from this court, her grounds of appeal are that:
(a) The judgment was against the weight of evidence.
(b) The trial judge erred by holding that the said gift made to the deceased’s two sisters cannot be a valid one because of the absence of the Plaintiff when the gift was being made.
(c) That the trial Judge erred by holding that the failure of the Defendant to call the Auntie, the mother’s sister to testify is fatal to her case.
(d) The trial Judge failed to consider the fact that the deceased during his life time, gifted the rooms in the house to some family members as well as the Plaintiff and that explained why the said house was not included in the inventory when the Letters of Administration was being applied.
The Defendant/Appellant indicated in her Notice of Appeal that further grounds of appeal will be filed when the proceedings are received. However, no such grounds was filed by the Defendant and hence the appeal was heard and confined to the grounds of appeal indicated in the Notice of Appeal.
Facts:
The facts of this case are that the Plaintiff/Respondent was married to one George Yaw Asamoah (deceased) who was a maternal uncle to the Defendant/Appellant. George Yaw Asamoah is acknowledged to be the owner of House Number Plot 61, Block C, Bremang, Ku