Afua Abrafi & 2 ORS v. Kofi Darko
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. Ayebi (Presiding) JA
- Irene C. Larbi, (Mrs.) JA
- I. O. Tanko Amadu, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal involves a dispute over property and vehicles among the families of two deceased brothers, challenging a prior Circuit Court ruling. The High Court had initially dismissed a motion to set aside a writ of summons filed by the executor of one brother's estate. The appeal was dismissed as the appellant's motion lacked merit, with the court affirming that procedural mechanisms, not substantive defenses, were the appropriate means to challenge writ irregularities.
AYEBI, J.A: Introduction: This is an interlocutory appeal against the ruling of a Kumasi High Court dated 31st July, 2013.
In the said ruling, the trial High Court Judge dismissed the defendants/appellants motion to set aside the plaintiff/respondent’s writ of summons under Order 9 Rule 8 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47). Background: In Order to appreciate the basis of the claim of the plaintiff/respondent against the defendants/appellants and then the defendants/appellants motion to set aside the writ of summons of the plaintiff/respondent, there is the need to delve into history.
One Kwame Adjei and Akwasi Appau were brothers.
Both of them have passed away.
Kwame Adjei was the husband of 1st defendant and their children are 2nd and 3rd defendants/appellants.
In his life time, Kwame Adjei sojourned in Holland, while his brother Akwasi Appau lived in the country and worked as a driver.
Kwame adjei brought a car to Ghana but sold it and banked the proceeds.
Upon the advice of his brother Akwasi Appau, Adjei withdrew the money and gave it to Appau to buy Plot No.
6 Block K, Abuakwa Dadiese for him.
But unknown to Adjei, Appau registered the plot in his own name.
Later, Adjei sent a DAF 2100 truck and an Iveco Bus to his brother Appau.
The Iveco Bus was given to the 1st defendant/appellant herein to work with and use the proceeds to maintain herself and her two children.
The DAF truck was ran by Appau who used the proceeds to put up the house on Plot No.
6 Block K, Abuakwa Dadiese for Adjei.
On a visit to Ghana, it is said Adjei completed two rooms in the house, lived there until he returned to Holland.
Shortly thereafter, Adjei died in Holland.
Akwasi Appau then laid adverse claim to the proceeds for himself.
In the Circuit Court Suit No.
LC 48/2003, the defendants/appellants herein sued Akwasi Appau alias Parlance for:
1. A declaration of title to H/No.
6 Block E, Abuakwa Dadiese.
2. Perpetual injunction to restrain the defendant, his agents, workmen, servants and assigns from interfering with the plaintiff’s possession, ownership and occupation of H/No.
6 Block C, Abuakwa Dadiese.
3. Recovery of possession of H/No.
6 Block K, Abuakwa Dadiese 4. Damages for trespass.
5. An Order to compel the defendant to account for the proceeds from the DAF 2100 truck from the 10th of December, 1999 to the 7th March, 2003.
The defendant therein, Akwasi Appau counterclaimed for:
1. A declaration that ownership to H/