AFUA OWURAKU v. AMMA AFRA

AYEBI J.A.

This is an appeal from the judgment of the High Court, Koforidua. The subject matter of contention is H/No. M/W 25 and the adjoining land at Mampong Akwakpim. The plaintiff (now respondent) claims declaration of title to the house and the land on which it is built, an order of ejectment and damages of GH¢2,000.00 against the defendant.

From the evidence on record the identity and location of the property is not in dispute. The parties also agreed that one Aboa Kwadwo built the house on the land given to him by the Methodist Church of which he was a member about two hundred years ago. Further it is agreed that one Yaa Amoa was the wife of Aboa Kwadwo and the grandmother of the plaintiff/respondent but the great-grandmother of the defendant/appellant. In other words, closer in generation to Yaa Amoa, plaintiff’s mother Adwoa Badua @ Adwoa Sika was the daughter of Yaa Amoa whiles defendant’s father was a grandchild of Yaa Amoa.

Beyond these undisputed facts, the facts upon which the plaintiff based her claim and the defence of the defendant are as controversial as they are skeptical/incredible especially as regards the name(s) of the ancestors of the parties.

Plaintiff’s case is that, her mother Adwoa Badua @ Adwoa Sika was the only child of her parents by name Aboa Kwadwo and Yaa Amoa. Prior to the marriage to Aboa Kwadwo, Yaa Amoa had married Aboa Kwaku with whom she had nine children. Being the tenth child of Yaa Amoa, plaintiff’s mother was so named Adwoa Badua. But then as the only child of Aboa Kwadwo with Yaa Amoa, Aboa Kwadwo gifted the house in dispute to Adwoa Badua in his lifetime.

Defendant however refuted the assertion of plaintiff that Yaa Amoa was married twice and that Adwoa Badua’s father was different from the other nine children of Yaa Amoa. It is defendant’s case that Yaa Amoa married only once and the husband was Aboa Kwadwo with whom she had ten children, the tenth and for that matter the last of whom was Adwoa Badua, plaintiff’s mother. Defendant continued that one of the children of Aboa Kwadwo and Yaa Amoa was Asong Kwadwo. Asong Kwadwo begat Kwabena Tetteh, who was her (defendant) father.

The property in dispute is situated at Mampong-Akwapim. The system of inheritance is patrilineal. The evidence of the plaintiff shows that she and defendant have different paternal ancestors but a common maternal ancestor. That being so defendant not being a paternal descendant of Aboa Kwadwo (plaintiff’s grandfather), defendant can