COMFORT ABENA FOSUA VS NANA PINAMANG
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE CYNTHIA MARTINSON [MRS]
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Environmental Law
- Tort Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Comfort Abena Fosua, head of the Nana Yaa Akyaa family of Obomeng-Kwahu, sued the chief of Obomeng, Nana Pinamang, seeking declaration of her family’s usufruct interest, recovery of possession, damages for trespass, and an injunction over land bounded by the Presbyterian Church, properties of Grace Oduraa and Kwadwo Frimpong, and Abotari road. She alleged the chief allowed construction of public toilets and bathrooms for commercial use on their family land without consent, destroying crops and obstructing access. The defendant argued it was a government initiative under the Kwahu South Municipal Assembly and that the area was reserved near electricity lines, and he disputed her capacity. Applying Ghanaian civil standards and land law, the court found the plaintiff proved capacity and title through long possession; no compulsory acquisition occurred, and the assembly had dealt with the stool rather than the true owners. The court declared title for the family, ordered recovery and an injunction, held that the facility would pose health risks without comprehensive assessment, and awarded costs.
On the 5th of November 2018, Plaintiff herein issued a writ of summons in the Registry of this court against Defendant herein for the following reliefs: [a] A declaration that her family holds usufruct interest in the land described in the writ of summons. [b] An order for recovery of possession of all areas of land the Defendant has started building thereon. [c] General Damages for trespass[d] Perpetual injunction restraining the Defendant, his agents, servants, labourers, and privies from entering the land, the subject maꢀer in dispute or interfering with the Plaintiff’s family interest in the land.
The Defendant entered appearance on the 8th of November 2018 and subsequently filed his defence on the 10th of December 2018. A Reply to the defence was also filed by the Plaintiff on the 10th of May 2019. At the close of pleadings, the following issues were agreed on as the main issues for trial: [a] Whether the land on which the Defendant is building belongs to the Plaintiff. [b] Whether the Defendant can build on the Plaintiff’s family land without the consent of the Plaintiff and members of her family. [c] Whether the toilet facility and the bathrooms are very close to the plaintiff’s family house. [d] Whether the structures being built will affect access to the plaintiff’s family house. [e] Whether the Plaintiff is entitled to her claim or anything at all.
The Defendant did not file any additional issues and so the above issues were adopted on the 21st of June 2019 by this court differently constituted as the main issues for trial.
PLAINTIFF'S EVIDENCE When the case came up for hearing the plaintiff testified through her Aꢀorney Agnes Frimpong and called a witness.
The plaintiff’s aꢀorney gave testimony via her witness statement as follows: she lives at Adenta-Accra, and she is a peꢀy trader.
She said she knows the Plaintiff, who is her mother and the head of the Nana Yaa Akyaa family of Obomeng-Kwahu in the Eastern Region.
She continued that she has the authority to testify on her behalf in this maꢀer, mandated by Exhibit ‘A’. She continued that the land, the subject maꢀer in dispute is situated at Obomeng and bounded by the Presby Church on one side, the property of Grace Oduraa, the property of Kwadwo Frimpong on another side and a street from Mpraeso junction to Obo junction called Abotari road.
She said the land originally belonged to Nana Yaa Akyaa who fell the virgin forest and seꢀled thereon many many, years ago and lived on it.
It is her