ANDREW AMPOMAH DANKWA & ANOR VS NANA KWAME AMAKYE & ANOR
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MALIKE AWO WOANYAH DEY (HIGH COURT JUDGE)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Her Ladyship Malike Awo Woanyah Dey (High Court, Cape Coast) adjudicated a long-running land dispute over a parcel at Assin Beraku known as Kwaku Kro. The plaintiffs, children of the late Kweku Roman, sought declaration of title, damages for trespass, recovery of possession, accounts of cocoa, and a perpetual injunction against the substituted 1st and 2nd defendants. Plaintiffs’ narrative traced title to Roman breaking the virgin forest in the 1950s, cultivating cocoa, and securing a favorable arbitration and District Court order when the 2nd defendant’s father cut Roman’s cocoa in 1971. Evidence showed the land is Breku stool land; nevertheless, under Ghanaian customary law a subject may acquire a customary freehold by first reducing virgin communal land into possession, which Roman did. The court found the 2nd defendant’s retyped 1962/1999 tenancy document unreliable, accepted that Roman gifted the land to his children in 1994 after performing Aseda, and credited tenancy attornment by Kweku Fanti and his son to plaintiffs. The court entered judgment for plaintiffs: declaration, GHC10,000 trespass damages, recovery of possession, and a perpetual injunction; it declined ordering accounts, and awarded costs of GHC5,000.
This case has a chequered history and has gone through the hands of about five judges before I took over.
There have been several substitutions and amendments of pleadings by parties on both sides.
That notwithstanding, the trial has ended, and I am pleased to deliver the judgment of the court.
It was a suit filed in the registry of this court on the 1st day of December 2004 by the plaintiffs herein praying for certain reliefs against the defendants.
The plaintiffs amended the writ and accompanying statement of claim with the following reliefs; 1) A declaration of title to all that piece or parcel of land situate being and lying at Assin Beraku at a place known as Kwaku Kro and bounded as follows, Kwame Mensah’s land, Chiano Stool, Kwadwo Ayigbe’s land, Nana Bueku’s land, Kwame Nyame’s land, Kwame Annor’s (Mugu) land, Abena Frimpomaa’s land, Kwaku Nsowa’s land, Kwaku Damptey’s land and Kwame Fesu’s land.
Damages for trespass 3) An order for accounts of all cocoa harvested by the 2nd defendant from 1999 to date of judgment.
Recovery of possession 5) Perpetual Injunction restraining the defendants, their agents assigns, servants and anybody claiming through them from having anything to do with the land in dispute.
The plaintiffs' case is that they are farmers and live in Assin Beraku.
The 1st defendant, who was substituted about three times, was a chief of Assin Beraku, whilst the 2nd defendant, now substituted by his son Kwame Noah was also a farmer resident in the same village.
The land in dispute belonged to the plaintiffs' father, Kweku Roman.
He broke the virgin forest in the 1950s and planted cocoa and food crops.
However, sometime in 1971, the 2nd defendant trespassed unto portions of the land and cut down the cocoa trees.
Thus Kweku Roman summoned him before the Omanhene's palace at Assin Manso, and at arbitration, the panel found him liable.
At the arbitration, the 1st defendant testified to support Kweku Roman.
As a result of the arbitration, the 2nd defendant was ordered to pay 57 cedis.
After that, Kweku Roman sued the 2nd defendant at the Assin Fosu District court to recover the said amount, and he was ordered to pay the amount.
In 1994 Kwaku Roman gifted the land to his children in the presence of his customary successor, Kofi Kuma, the plaintiffs’ mother, Abena Frimpomaa, Opanin Baffour, and they performed “Aseda” with a bottle of schnapps.
When the plaintiffs entered the land, they saw one Kweku Fanti cultivating it.
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