AGYENIM BOATENG v. AKWASI OFORI AKOSUA YEBOAH

ARYEETEY, JSC:-

In this judgment we would refer to the plaintiff/respondent/appellant as the plaintiff and the defendants/appellants/respondents as the defendants. By his writ of summons the plaintiff, who brings this action for himself and on behalf of his branch family originated by his grand-mother Akua Anokyewaa claimed for the following reliefs: 1. A declaration that H/NO. KO 47, Kumasi is the property of the entire Akua Anokyewaa family of Mpatuam. 2. An order of perpetual injunction restraining the defendants and all who may claim under them from interfering in any way or manner with the plaintiff’s possession and control of H/NO. KO 47, Kumasi in his capacity of Head of Akua Anokyewaa family of Mpatuam. In line with his pleading and the evidence adduced on his behalf a brief background to his claim is as follows: His grand-mother, Akua Anokyewaa had four sons and three daughters. All of them are deceased. The sons were Kwame Akoh, Kwasi Nsiah, Kwame Amuzu and Kwasi Teppa. The daughters were Amma Biyaa, Akosua Ampoma and Akua Konneh. The plaintiff is the son of Akua Konneh and the defendants are great-grand-son and grand-daughter respectively of Amma Biyaa.

It is the position of the plaintiff that his late four uncles acquired real and personal properties all of which on their respective deaths intestate devolved absolutely on their immediate Akua Anokyewaa family. In 1934 or thereabout his late uncle Kwasi Teppa, in exercise of power of sale reposed in him as mortgagee-judgment-creditor purchased for himself and his brothers H/NO. KO 47, Kumasi but in the name of Kwasi Wono the most senior nephew. In 1943, also in exercise of a similar power of sale as mortgagee, his late uncle Amuzu purchased for himself and his brothers three cocoa farms and a compound house all at Biamusu but in the respective names of Yaw Krah, son of Akosua Addae, siser of Akua Anokyewaa, plaintiff herein and Kwasi Wono. In their life time his late uncles exercised absolute and unlimited rights of ownership over all properties they purchased in the names of their nephews as nominal purchasers who had nothing whatsoever to do with the said properties. Following the purchase of H/NO. KO 47, Kumasi his late four uncles removed from Zongo, Kumasi to live in that house. Not until his appointment as customary successor and as head of Akua Anokyewaa family following the death of his last surviving uncle Kwame Amuzu, Kwasi Wono continued to live at Mpatuam and had nothing whatsoever