November 30, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court judgment, authored by Dotse JSC for a unanimous bench comprising Justices Amegatcher, Owusu, Torkornoo, and Prof. Mensa-Bonsu, gives reasons for allowing the appeal of purchasers Cyril Mainoo and Cymain (GH) Ltd over House No. 24, North Labone, Accra. The plaintiffs bought the property in 2003 from a majority of the forty-five children of the late owner, Opanin Kwame Poku, led by Yaw Gyamfi, paid the price (exhibits A and B), and received a deed of assignment (exhibit C). They took possession, renovated extensively, and operated their business from the premises for years. Defendants, also children of the deceased, relied on a prior suit (FA/80/03) and executed a writ of possession in 2011 without notifying plaintiffs. The Supreme Court confirmed the writ’s illegality under Order 43 r.3 of C.I. 47, rejected issue estoppel, applied the appellate “against weight of evidence” roadmap, preferred corroborated testimony (including admissions by defendants’ witnesses) under Tsrifo v Dua, found defendants’ counterclaim unproven, and restored the High Court’s declaration of title and injunction for the plaintiffs.
DOTSE JSC:- On the 30th day of November 2022, this court by a unanimous decision allowed the appeal by the Plaintiffs/Respondents/Appellants hereafter referred to as Plaintiffs, against the Court of Appeal judgment dated 30th July 2020 which was in favour of Defendants/Appellants/Respondents hereafter, Defendants.
In the circumstances, the Court of Appeal judgment of even date was set aside, and the judgment of the High Court dated 19th day of October, 2018 was restored.
We now proceed to give the reasons for our decision of the 30th November 2022.
Daniel Webster, a prolific American writer and commentator in his address to the Massachusetts Convention in 1820 stated as follows:-
“It would seem, then, to be part of political wisdom to found government on property; and to establish such distribution of property, by the laws which regulate its transmission and alienation, as to interest the great majority of society in the protection of government.” Emphasis
See “The Quotable Founding Fathers” Edited by Buckner F. Melton Jr, page 286.
We find the above quotation appropriate because, Opanin Kwame Poku, the original owner of House Number 24, North Labone Housing Estate, Accra, had the presence of mind to take advantage of the Laws to establish the distribution and alienation of the said property to his forty five (45) children. However, the lack of clarity and understanding which underpinned the said process led to the chaos, confusion and anarchy which engulfed the said House number 24, North Labone Estate which is the subject property germane to the appeal herein.
We are of the considered opinion that, if the principle of “Understanding” had underpinned the conduct of all the principal actors in this case, the matters would have been resolved without resort to the law courts.
WHAT THEN ARE THE FACTS OF THIS CASE
We proceed to set out the facts of the case, first as stated from the Plaintiffs perspective.
Plaintiff purchased the disputed house from some of the children of Opanin Kwame Poku who originally owned the house in 2003 after representatives of the children had agreed to sell same at a negotiated price of 1.15 billion old cedis. After the initial payment, (receipt of which is in evidence as exhibit A), they took immediate possession of the property and made a final payment in July of the same year. See exhibit B. Thereafter plaintiffs were provided with an Indenture which is in evidence as exhibit C. Plaintiffs averred that soon after taking