AMA BOUR & ORS v. AFUA SARPONG
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- I. C. LARBI (MRS), J.A.
- A. M. DOMAKYAAREH (MRS), J.A
Areas of Law
- Property Law
- Civil Procedure
- Constitutional Law
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff successfully claimed ownership of the disputed property, and the trial court's judgment in her favor was upheld by the Court of Appeal. The defendants' counterclaims and additional grounds of appeal were dismissed. The court reaffirmed the principles of burden of proof, judicial notice, waiver of non-compliance, and the effect of admissions in legal proceedings.
A. M. DOMAKYAAREH (MRS), J.A.
1. On the 22nd November, 2002, the plaintiff/respondent who I shall hereinafter call the plaintiff instituted an action against the defendants/appellants who I shall hereinafter call the defendants in the Circuit Court, Kumasi, claiming for:-
a) A declaration that the ownership of House No. 14A Block ‘B’ Pankrono, Kumasi is vested in the plaintiff
b) Damages for trespass
c) An Order of perpetual injunction restraining the defendants, their agents, servants and any person claiming title through them from interfering with plaintiff’s property in dispute.
2. The defendants filed a defence and counterclaimed against the plaintiff for:-
i) A declaration that Plot No. 14A Block ‘B’ Pankrono, Kumasi is the family property of the defendants validly acquired by customary oral grant in the 1960’s
ii) The Lands Commission fraudulently granted plot No. 14 A Block ‘B’ to the plaintiff
iii) Defendants’ family is lawfully on the land by virtue of Land Development (Protection of Purchaser) Act 1960 (Act 2)
iv) The plaintiff is estopped by Laches and Acquiescence
v) An Order of Perpetual Injunction to restrain the plaintiff, her agents, servants and any person who claims title through her from disturbing the defendant’s title to the land for themselves and their family.
3. On 21st April, 2011 after a lengthy trial, the trial court presided over by His Honour Justice E. Amo – Yartey (as he then was) entered judgment for the plaintiff on all her reliefs and dismissed the counterclaim of the defendants.
The instant appeal is lodged against the said judgment of the Circuit Court.
Apart from the fact that the plaintiff and the defendants agree on the identity of the disputed plot i.e. plot No. 14A Block ‘B’, Pankrano, Kumasi and also that the land initially belonged to the Lands Commission, they both relied on different sets of facts for their claim to ownership of the land.
4. The Plaintiff’s case:
The case of the plaintiff is that her family for several years prior to the action in the Circuit Court had exercised ownership and control over the land in dispute. She said she finally acquired same from the NkwantaKese Stool, the overlord of the Pankrano Odikro Stool. She stated that after this acquisition, she realized that the land was a Government land and she therefore applied to the Lands Commission for the grant of the land. Her application was approved and upon payment of the statutory fees, the Lands Commission granted her