ADWOA PINAMANG GENFI v. AMA GYAMFUAH GENFI
2021
COURT OF APPEAL
GHANA
CORAM
- ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING)
- ALEX B. POKU-ACHEAMPONG, J A
- SAMUEL K. A. ASIEDU, J A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Angelina M. Domakyaareh, JA, with Poku-Acheampong, JA, and Asiedu, JA, agreeing) dismissed a second appeal in a long-running land dispute between sisters over a strip of land at Suame–Kumasi near Nurom Hotel. The Respondent sought declaration of title, possession, and ejectment after the Appellant placed a steel container blocking access. The case evolved toward reliance on a Lands Commission report establishing the strip as public reservation acquired under the Ashanti Administration Ordinance of 1902, with a licence granted to the Respondent and none to the Appellant, who was deemed a trespasser. The District Court granted relief in 2012; the High Court affirmed in 2020. On second appeal, the Court held that cross-examination and opening a defence under C.I. 59 are permissive and that the Appellant, by repeated absence of counsel and agreement to rely on verification, waived her right to be heard. Finding no miscarriage of justice, the Court affirmed the High Court and dismissed the appeal.
DOMAKYAAREH (MRS.), JA:
[1] This is an appeal against the judgment of the High Court, Kumasi, dated 20th March, 2020. The parties in the appeal are sisters from the same father. The case was initiated by the Plaintiff/Respondent/Respondent herein against the Defendant/Appellant/Appellant on 11th December 2007 at the District Court, Ash – Town, Kumasi. For ease of reference, the Defendant/Appellant/Appellant will hereinafter be referred to as the Appellant while the Plaintiff/Respondent/Respondent will also be referred to as the Respondent.
[2] The Respondent’s claim against the Appellant at the District Court was for (A) an order for the Declaration of Title and Recovery of Possession of all that Piece and Parcel of Land Situate at a Place commonly called Suame – Kumasi thus Plot No.: 18 Block ‘A’ Site S Suame – Kumasi and same sharing boundary with Nurom Hotel which the Defendant has presently trespassed and (B) an Order for Ejectment of the Appellant from the said Parcel and Piece of Land Forthwith.
[3] From the Statement of Claim, the basis of the Respondent’s claim arose from the following set of facts: - That her father, Nana Kofi Genfi II (Deceased) died testate; that her father specified in his Will that the said portion of the land in dispute be given to her; that the Appellant has deposited a Container in front of her building thus blocking the entrance to her property and several attempts to get the Appellant to remove the said Container from its present position have proved futile; that Elders of the family met over the matter but the Appellant proved adamant and would not remove the Container; that from the unlawful instigation from other family members, the Appellant was now claiming that the disputed portion of the land belonged to her. The Respondent further averred that she called on the Kumasi Metropolitan Authority (KMA) to have the Appellant remove the said Container from her land but the elders of the family intervened and said it was a family matter and would handle same accordingly. The Respondent also averred that the stance adopted by the Appellant in refusing to remove the container from the land in dispute has resulted in turning away all prospective tenants and subsequent loss of income in the form of rents which would otherwise have accrued through the leasing of the property thereon. The Respondent therefore instituted the action, claiming the reliefs as per her Writ of Summons indicated Supra.
[4] The Appellant nat