AKUA NSOWAA & ORS v. TOAYIRI BAMBA & HAJIA MAMAA
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI (PRESIDING) JA
- IRENE C. LARBI, (MRS.) JA
- I. O. TANKO AMADU, JA
Areas of Law
- Evidence Law
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal reviewed the case where the Wenchi High Court ruled that the transaction between Kofi Amponsah and Seidu Menje was a pledge and not a sale. Despite submitting several documents, the plaintiffs' claim was dismissed as these documents were considered inconsistent and dubious by the trial judge. The defendants' counter-claim that Menje pledged part of the house to defray a loan and retained ownership was accepted. The plaintiffs' appeal to set aside the lower court's ruling was dismissed, confirming the principle that redeemable pledges are perpetual under customary law.
AYEBI, JA
This is an appeal from the judgment of the Wenchi High Court dated 3rd June 2013 by the plaintiff.
The disputed house No.C78 (now B7/2), Wenchi it is agreed was originally owned by Seidu Menje alias Seidu Banda alias Asiedu Menje. The first plaintiff described herself as a niece of Kofi Amponsah whose biological children are the second plaintiff and her siblings. The third plaintiff is identified as the current customary successor of Kofi Amponsah. It is the case of the plaintiffs that Kofi Amponsah in his lifetime bought the disputed house from Seidu Menje in December 1951. But the defendants are laying adverse claim to the house, hence the suit.
The claim of the plaintiffs at the trial court is for:
a. A declaration of title, ownership and recovery of possession of H/No.C78 (now B7/2) Zongo/Wenchi which said property the defendants are laying adverse claim to
b. General damages for trespass
c. An order of perpetual injunction to restrain the defendants, their agents, assigns etc from laying adverse claim to the disputed property.
The defendants identified themselves with Seidu Menje as their great grand uncle. In their statement of defence they denied that their great grand uncle ever sold the house to Kofi Amponsah. It is their case that Seidu Menje only pledged a portion of the house to Kofi Amponsah for an amount of £1. The defendants therefore counter-claimed for:
“a. A declaration of title to all that H/No.C78 now B7/2,
Zongo, Wenchi, part of which the defendants predecessor Opanin Seidu Menje alias Seidu Banda aka Aseidu Menje pledged to the plaintiffs’ predecessor Op. Kofi Amponsah (his tenant) in or around 1952 to defray a debt (financial assistance) of £1 which he owed to Op. Amponsah but which debt has been defray with rents collected by Op. Amponsah from the portion pledged to him (7 store rooms and 4 bedrooms)
b. A declaration that the 7 store rooms and 4 bedrooms
pledged by defendants said Op. Seidu Menje (as stated in relief (a) above) to the said Op. Kofi Amponsah (through whom the defendants lay adverse claim to the disputed house) have been hired out for rents to completely defray the financial assistance of £1 granted to Op. Seidu Menje and possession of same should revert to the 1st defendant as his present customary successor for and on behalf of the maternal family of Seidu Menje who did not have a child
c. An order of perpetual injunction restraining the defendants (sic), their agents, assigns, representatives,