ADWOA BOKOR v. MADAM AGBO ODDOYE & ANOR
2021
SUPREME COURT
GHANA
CORAM
- YEBOAH CJ (PRESIDING)
- PWAMANG JSC
- AMEGATCHER JSC
- TORKORNOO (MRS.) JSC
- KULENDI JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Adwoa Bokor sought declaratory title, damages and injunction over a 28.76-acre tract at Duayeden-Ahodwo near Nsawam, Ghana. She traced title through customary grant from Duayeden to Akua Asi Botwe and later gift from Opayin Kwaku Amoafo, evidenced by a 1985 statutory declaration and a 1987 deed of gift (registered in 2007). Regina Yemle Okoh (erroneously styled Madam Agbo Oddoye) defended on an asserted ancestral claim by the Ogyam section of the Aburi-Atweasin Asona family, a 1994 sale, and adverse possession, and relied on a purported 1985 arbitration (exhibit 2). The High Court accepted res judicata and found for Okoh. The Court of Appeal rejected exhibit 2, found fraud infected the defendant’s root, and held for Bokor. The Supreme Court unanimously dismissed the appeal, holding res judicata inapplicable due to pleading defects and authenticity flaws (including a post-2007 currency on a 1985 record), lack of land nexus, defendant’s failure to prove adverse possession or valid title, and affirmed judgment for Bokor with costs.
TORKORNOO JSC:-
The plaintiff in this suit is Adwoa Bokor. She lost the suit in the high court, became the appellant in the court of appeal, won the appeal, and is the Respondent in this court. For ease of reference, she will be referred to as Plaintiff hereafter. The defendant Madam Agbo Oddoye, won the dispute in the high court, became respondent to the appeal in the court of appeal, lost it in the court of appeal, and is the Appellant before this court. She will be referred to as Defendant hereafter.
THE CASE OF THE PLAINTIFF
According to the case made out in her Amended Statement of Claim and Reply, Plaintiff claimed to be the owner of 28.76 acres of land more particularly described in the indorsement of her writ of summons as:
‘situate and being at a place commonly called Duayeden-Ahodwo near Nsawam and bounded on one side by the Ahohonomfra stream and measuring on that side a distance of a total distance of 1180 feet more or less on one side by Nsawam-Aburi main motor road and measuring on that side a distance of 1100 feet more or less on one side by Ahodwo family measuring on that side a distance of 850 feet more or less and on the other side by Ghana Medium Security Prisons measuring on that side a distance of 1160 feet more or less.
Plaintiff’s case was that this land had originally been acquired as part of a larger tract of land by her ancestor called Opayin Duayeden who was married to her maternal grandmother Akua Asi Botwe. Duayeden gifted part of this larger tract of land to his wife Akua Asi Botwe and her children and they provided customary drink or aseda in the form of one live sheep, one bottle schnapps and £5, through her brother Opayin Mensah Krokrokwa in or about 1915. Maame Akua Asi Botwe immediately went into possession with her children with Duayeden.
Plaintiff sets out how the defendant got access to the land in issue and states that the children of Akua Asi Botwe brought one Ataa Nii to farm on the land as a tenant farmer. He came with his wife and son known as Oddoye. The defendant is the wife of this son Oddoye.
According to the case of the Plaintiff, at some point in time, the Government acquired portion of the land to build the Nsawam security prisons and compensation to the children of Asi Botwe through one Martin Owusu Afram, a member of her family since at the time of the acquisition, none of the children of Asi Botwe were around.
Plaintiff’s case went on further to aver after the death of most of the children of Asi