DIANA SARFOWAA v. YAW POKU & ANOR

Dr. Poku Adusei, J.A.

This case depicts a story in which a claimant, with the assistance of her lawyers, commenced legal action in 2013, but became indolent in bringing the suit to a timeous conclusion. By a writ of summons and its accompanying statement of claim, the plaintiff instituted an action against the defendants seeking the following reliefs:

(i) A declaration that House No. 04 Gyasi Close Parkoso, Kumasi is the self-acquired property of the Plaintiff.

(ii) An order of perpetual injunction restraining the defendants, their agents, servants, and any persons claiming title through them from interfering with House No. 04 Gyasi Close Parkoso, Kumasi.

(iii) Such further orders as the honourable court may deem fit.

The defendants entered appearance through their lawyers, and filed an amended statement of defence on 30/06/2016. Not stopping at that, the 1st defendant counterclaimed for:

1. Declaration that House No. 04 Gyasi Close Parkoso, Kumasi was jointly acquired by both the 1st defendant and the plaintiff.

2. An order that 1st defendant and the plaintiff share House No. 04 Gyasi Close Parkoso, Kumasi equally.

3. Further orders as the honourable court may deem fit.

The plaintiff filed a reply and joined issues with the defendants. And at the directions stage, the following issues were set down for determination by the court:

(a) Whether or not Plot No. 04 Gyasi Close Parkoso, Kumasi was jointly acquired by the plaintiff and the 1st defendant.

(b) Whether or not House No. 04 Gyasi Close Parkoso, Kumasi was constructed from the joint resources of the plaintiff and the 1st defendant.

(c) Whether or not House No. 04 Gyasi Close Parkoso, Kumasi was constructed prior to the marriage between the plaintiff and the 1st defendant.

(d) Whether or not House No. 04 Gyasi Close Parkoso, Kumasi was acquired for Klinsman Darko by the plaintiff.

(e) Any other issues raised by the pleadings.

The Case of the Plaintiff

From the pleadings, the case of plaintiff was that in 2002 she acquired the disputed land at Parkoso, Kumasi to build a dwelling house, with the assistance of her Auntie called Akosua Kyere. The plaintiff contended that she directed her grantor to issue the allocation note in the name of her son, Klinsman Darko and same was accordingly done. The plaintiff asserted further that she built a house on the said plot from her own resources. She added that it was after she h