AMA NIMO BOATEMAA v. NANA BOATENG
2019
COURT OF APPEAL
GHANA
CORAM
- F. G. KORBIEH, JA (PRESIDING)
- M. M. AGYEMANG (MRS.), JA
- M. A. WOOD (MRS.), JA
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case is an appeal against a High Court decision dismissing a plaintiff's claim for land ownership, compensation for felled palm trees, and an injunction against trespass. The plaintiff claimed the land was gifted through her family lineage, while the defendant argued it belonged to his family and the plaintiff had only a license to use it. The High Court favored the defendant, noting inconsistencies in the plaintiff's evidence. The appeal argued the judgment was against the weight of evidence, but the appellate court found no fault with the trial court's decision and rejected the appeal.
AGYEMANG (MRS.), JA:
In this appeal against the judgment of the High Court, Koforidua the appellant’s main complaint, set out as the sole ground of appeal, is that the judgment is against the weight of the evidence led.
These are the matters that have given rise to the instant appeal.
The original plaintiff (now deceased and substituted in this appeal as the appellant), commenced an action against the defendant herein (also deceased and substituted in this appeal as the respondent), and one other (deceased and not involved in the instant appeal), seeking inter alia, a declaration of title to a parcel of land, the sum of Ȼ1,400,000 being special damages for twenty palm trees felled by the second defendant, and a perpetual injunction restraining the defendants and their privies from in any manner, trespassing onto the plaintiff’s land.
It was the plaintiff’s case in pleading, that the land in dispute described as: lying at Densu Sector 11, Block K Koforidua, and bounded on all sides by the properties of Akua Adai, Kofi Bimpong, Akua Manu and Nana Dabrehene, measuring 5.44 acres more or less, was gifted to her by one of her uncles: Kwadwo Amankwah. The land which she alleged was originally owned by her grandfather Okyeame Adu allegedly became hers in this manner: Okyeame Adu allegedly gave same to his two sons Kwadwo Amankwah, and Kwame Opoku. Upon the death of Kwame Opoku, his brother Kwadwo Amankwah allegedly gifted the portion worked on by the deceased Kwame Opoku, to the plaintiff.
According to the plaintiff, she went on the land worked there with her daughter who was twelve years old at the time, for about sixty years.
It was the plaintiff’s pleading that her daughter asked one Kumah to find a farm labourer for them, and that Kumah’s own son whom he gave to them as their farm labourer, worked for them, sharing the proceeds of the farm until the said son complained to the plaintiff that Kumah had felled twenty-eight palm trees. The plaintiff further pleaded that it was following her complaint to the Police regarding Kumah’s conduct that the first defendant laid claim to the land. Kumah (now deceased) was sued as the second defendant.
The plaintiff who in her pleading, alleged the boundaries of the land she claimed to be: bounded on all sides by the properties of Akua Adai, Kofi Bimpong, Akua Manu and Nana Dabrehene, gave her boundaries of the land in dispute during cross-examination as: as bounded by Juabenhene, Maame Sika Tena, Kwame Duku and Aboa