February 5, 2020
SUPREME COURT
GHANA
CORAM
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DORDZIE (MRS.), JSC:-
BACKGROUND
On 17 March 1995, the appellant herein commenced two separate suits in the High
Court Cape Coast. The first is Suit Number 9/95, titled:
Margaret Yaa Ntiriwah Achiampong -------Plaintiff
V
Araba Adawoma
Anthony Andoh ----------------------- Defendants
Her claims in this suit as indorsed on the amended writ of summons are:
a) Declaration of title to the land distributed over 3 areas of Kwaadende as
described in the amended statement of claim.
b) Mesne profits for cultivation the said land
c) General damages for trespass
d) Interim injunction against the defendants, their workmen and assigns
e) Perpetual injunction against the defendants, their successors and assigns.
The second is Suit Number 10/95 titled
Margaret Ntiriwah Achiampong -----------------------Plaintiff
V
1. Araba Adawwoma 2. Amma Nkrumah 3. Serwaah--)
4. Nana Kwabena 5. Kweku Dua ------- ) Defendants
The claims against these defendants are:
a) Declaration of title to House N0. 72 Assin Darmang
b) Ejection from the house of 2nd to 5th defendants.
The appellant’s reliefs in Suit N0 9/95 are based on facts narrated in her statement
of claim thus:
The property the subject matter of the suit was originally owned by her
grandmother Obaapanyin Abena Antwiwah of Assin Darmang. Obapanyin Antwiwaah
died in 1959, at her death; the appellant became her customary successor and
inherited all her properties including the disputed land in a farming area called
Kwaadende. At time of this inheritance the appellant was a minor, Opanyin Atta
Kweku was therefore appointed to take care of the properties that devolve to the
appellant customarily. Opanyin Atta Kweku died in 1975, though the appellant was
of age and could take over her properties, she lived outside the country for a long
period, and therefore, she appointed various caretakers who managed the
properties on her behalf. These caretakers were Teacher Yaw Tibuah, at his death,
Maame Kyeraa, her son James Sam took over at her death and Afuah Mbrah of
Ngresi was the next caretaker. According to the appellant, she was in possession of
the disputed land until 1991 when the defendants commenced various acts of
trespassed to her property. The matter went before the traditional rulers of their
area but the defendants persisted with the trespass, she therefore instituted the
action.
In respect of the claim of title to the house in suit N0 10/95 the appellant
maintained the house forms par
AI Generated Summary
In this Supreme Court appeal, Margaret Yaa Ntiriwah Achiampong sought to overturn the Court of Appeal’s affirmation of a trial judge’s discretionary ruling that allowed her to discontinue consolidated land and house title actions without granting liberty to reinstitute them. Achiampong had claimed inheritance of family land in Kwaadende and House No. 72 at Assin Darmang from her grandmother, Obaapanyin Abena Antwiwah, while the defendants asserted Oyoko family ownership and counterclaimed. The initial High Court judgment granted her reliefs, but was set aside by the Court of Appeal due to void amended pleadings, ordering a retrial. At retrial, after attempts to adopt prior evidence were refused, she moved to withdraw and refile. The trial court, citing nearly two decades of litigation, potential hardship to the peasant farmer defendants, and the availability of amendment to regularize pleadings, permitted discontinuance but denied liberty. Applying Order 17 rule 3 and appellate discretion standards, the Supreme Court held there was no basis to interfere and dismissed the appeal.