COMFORT DARKO v. JULIANA DARKO
2015
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A. (PRESIDING)
- Sowah, J.A.
- Kwofie, J.A
Areas of Law
- Evidence Law
- Customary Law
- Property Law
- Appellate Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellate court dismissed the appeal, affirming the trial court's decision that the plaintiff failed to prove her claims and that the arrangement between Ampem Darko and Ofe Ameyaw did not constitute a valid customary gift. The court found that the trial judge's errors did not result in a substantial miscarriage of justice.
SOWAH, J.A:
This is an appeal from the judgment of the Circuit Court Koforidua dated 18th January 2013 in which the claims of the plaintiff were dismissed and judgment was entered for the defendant.
Aggrieved by this judgment, the plaintiff/appellant who will hereafter be called the plaintiff seeks to set aside the judgment of the trial court and has filed the following grounds of appeal:
a. That the judgment is against the weight of evidence.
b. That the trial Judge erred in law by holding that the defendant in her amended statement of defence had abandoned her counterclaim when she had in fact not done so, thereby putting the burden of proof solely on the plaintiff and that had resulted in a miscarriage of justice.
c. That the trial Judge erred in law by failing to dismiss the defendant’s counterclaim when no probative evidence was led to establish same and that has resulted in a miscarriage of justice.
d. That the trial Judge was wrong in holding that the oral arrangement made between Ampem Darko and Ofe Ameyaw for the latter to pay the cost of the building material loaned to former by the Rural Housing Unit and consequently for the plaintiff to take the house in dispute after the Ampem Darko’s death was a transfer of an interest affecting land and that resulted in a miscarriage of justice.
e. That the trial Judge erred in law by holding that the arrangement between Ofe Ameyaw and Ampem Darko was not an oral customary arrangement.
f. Additional grounds of appeal will be filed upon receipt of the record of proceedings.
It is placed on record that no additional grounds of appeal were filed by the plaintiff/appellant.
The case of the plaintiff according to evidence adduced at the trial and her statement of claim as amended on 27th March 2012 after her testimony was that she was the daughter of Francis Emmanuel Ampem Darko (deceased). That the said Ampem Darko took a loan in the form of supply of building materials from the Rural Housing Scheme to complete house No. AW 64 C/4 Aburi, which is the property in dispute. However Ampem Darko was unable to amortize the loan and pleaded with plaintiffs late husband Dr. Ofe Ameyaw who was a Director of the Scheme to repay the loan on the agreed terms, namely, that the building would be given to the plaintiff and her children after the death of Ampem Darko. According to the plaintiff, Ofe Ameyaw died in 1986 and documents on the house were handed over to Ampem Darko who also died in 1988. On Ampem Darko dea