DR. ARTHUR ROBERT OTOO CHINERY VS ASAFOANYE OKROPONG
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J
Areas of Law
- Property and Real Estate Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant for possession of property No. D 227/1 James Town, claiming it as family property. The plaintiff, recognized as the head of the Awura Naa Hansen family, asserted the property's inheritance from his ancestors. The defendant denied the plaintiff's claims, asserting her family's ownership and challenging the plaintiff's authority. The court evaluated historical evidence, family lineage, and the roles of respective parties within the family. The court found in favor of the plaintiff, declaring the property as belonging to the Awura Naa Hansen family and ordered the defendant to vacate the property within three months.
The plaintiff, in his capacity as head and lawful representative of the Awura Naa Hansen family of Accra, on 21st November 2012, sued the defendant herein for the following reliefs:
I. “A declaration that the disputed property, No. D 227/1 James Town, is the family property of the Awura Naa Hansen family.
II. Recovery of possession and ejectment of the defendant from H/No. D 227/1 James Town.
III. Damages for trespass against the defendant on the plaintiff’s family house.
IV. Perpetual injunction restraining the defendant, her agents, privies, assigns, and whosoever is deriving interest from her in respect of H/No. D 227/1, Jamestown, Accra, from interfering with the said property.
V. Costs and any other orders as this Honourable Court may deem just and proper in the circumstances.”
The plaintiff describes himself as the head and lawful representative of the Awura Naa Hansen family of Jamestown, British Accra. He avers that the defendant is an unlawful occupant of the subject matter of this suit, which was the self-acquired property of the late John William Hansen, the ancestor of the plaintiff/family.
Upon the death of John William Hansen, the property in issue passed unto his daughter, Awura Naa Hansen, after the Governor of the then Gold Coast, Captain George Maclean, had wound up the estate and distributed the same. He averred further that as the head and lawful representative of the Awura Naa Hansen family, all her properties and all other family properties are held by him in trust for the family; and he has the right to grant leave for any occupant to stay in the said property, particularly when the occupant is not a member of the family.
It is the case of the plaintiff that the defendant is not a relation of the late Awura Naa Hansen but has gone to live in the said family house. She did not obtain the permission or leave of either the plaintiff or his predecessors in office. She has also granted licenses to others to live in the said house. The defendant has evinced an intention not to release the house to the Awura Naa Hansen family unless compelled to do so by the court.
The defendant denied each and every allegation of fact contained in the plaintiff’s claim. She averred that there is nothing like the Awura Naa Hansen family and that the plaintiff is not the head of the family. Therefore, he has no right of ownership and cannot evict any person from the property.
The defendant’s case is that she was born in the said house and has lived