2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Asiedu JA, with Domakyaareh JA (Presiding) and Poku-Acheampong JA concurring) reviewed a High Court judgment arising from a family property dispute at Plot No. 17 Block 2, Pankrono-Kumasi. Plaintiff John Boampong sought declarations that the outer house was owned by him and his four sisters, that he owned ten storefronts he built at the frontage, injunctions to prevent Defendant’s construction that would block the entrance, damages for trespass and destruction of property, and removal of Defendant’s ongoing structure. The High Court granted all reliefs. On appeal limited to the omnibus ground, the court evaluated eyewitness and documentary evidence, including an allocation note from the Dome-Pankrono Stool to “John Boampong & Sisters,” receipts issued in Mercy Boampong’s name, and Kumasi Metropolitan Assembly property-rate records listing Mercy and John. The court affirmed that the house is family property and upheld the injunction and removal orders, but reversed the declaration vesting the ten stores in John and set aside the GH₵5,000 damages award, ruling that the stores are family property and the damages were unproven.
ASIEDU, JA.
My lords, this appeal is against the judgment of the High Court sitting at Kumasi delivered on the 5th day of February 2020. The Plaintiff/Respondent in the matter, per his Lawful Attorney, issued a writ at the High Court on the 29th day of January 2009 claiming against the Defendant/Appellant:
(i) Declaration that the outer house on Plot No. 17 Block 2 Pankrono-Kumasi is the property of Plaintiff and his four sisters.
(ii) Declaration that the Plaintiff is the owner in possession of Ten (10) Store rooms built on the front view of Plot No. 17 Block 2 Pankrono-Kumasi.
(iii) Perpetual injunction against the Defendant and her workmen, agents and servants restraining them from building another store room thereby blocking the main entrance to the House on Plot No. 17 Block 2.
(iv) Special and General Damages for the Defendant’s trespass on the Plaintiff’s built steps and plywood structures and prepaid meter instored (sic) on the wall.
(v) An order from the Court that the Defendant removes the structure being built to block the main entrance to the house.
After the hearing of the matter, the learned High Court Judge granted to the Plaintiff and against the Defendant all the reliefs endorsed on the writ of summons and also awarded costs of GH₵10,000.00 in favour of the Plaintiff.
Aggrieved by the judgment, the Defendant/Appellant filed a Notice of Appeal against the judgment on the 27th day of February 2020 praying this Court to set aside the judgment of the High Court, Kumasi dated the 5th day of February 2020 on the grounds that:
1. The judgment is against the weight of evidence on record.
2. The trial Court erred when it relied on the Site Plan exhibit B which does not conform to the statutory requirements and the Allocation Note exhibit B (sic) issued by the Dome Stool which has no bearing with the disputed plot.
3. Additional grounds will be filed upon receipt of a copy of the Records of Appeal.
Notwithstanding the intimation by the Defendant/Appellant in her Notice of Appeal to file Additional grounds of appeal after the receipt of the Records of Appeal, no additional grounds were filed. Besides, in his Written Submissions filed on the 22nd day of July 2020, Counsel expressly stated that he was limiting his submissions to only the first ground of appeal and thus, effectively, abandoned the second ground of appeal. Thus, the only ground of appeal upon which submissions were made to the Court is the omnibus ground that “the judgment