May 26, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Georgina Mensah‑Datsa, J.A., with Irene Charity Larbi, J.A. (Presiding) and Yaw Darko Asare, J.A. concurring, dismissed an appeal arising from intra‑family litigation over House No. 34A/2 at Amanful, Takoradi. The Respondents—the head of the Ebiradze Royal Stool family, an elder (John Atta Baidoo a.k.a. Kojo Panyin), and the queen mother—sued members of the Kofi Aboagye and Kwesi Kell branch, seeking injunctions to conduct burial rites for the late chief, Nana Obo Atta Kojo Essoun II, removal of structures, and declaration and recovery of possession. The Circuit Court held title in the Stool and ordered the 4th and 5th Appellants to vacate. On appeal, the Appellants argued the judgment was against the weight of evidence and that the writ misdescribed the house number as 13A/2. The Court of Appeal held the misdescription was a clerical irregularity, found consistent evidence that the property is family/stool palace property jointly acquired by family members, and affirmed the Circuit Court’s judgment.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Defendants/Appellants (hereinafter referred to as Appellants) against the judgment of the Circuit Court, Takoradi dated 19th March, 2020 in favour of the Plaintiffs/Respondents (hereinafter referred to as Respondents).
The grounds of appeal are as follows:
a. That the judgment is against the weight of evidence adduced at the trial.
b. That the Court erred in law in holding that H/No. 34A/2, Amanful, Takoradi belongs to the Plaintiffs/Respondents branch of the Ebiradze Royal Family of Takoradi.
c. Additional grounds of appeal will be filed upon the receipt of the record of proceedings.
The Plaintiffs/ Respondents instituted this action on the 9th March, 2015 against the Defendants /Appellants jointly and severally for the following reliefs:
a. An Order of the Honourable Court restraining the Defendants, their agents, servants, workmen, cohorts, etc. from interfering with the burial service and funeral rites of the late Nana Obo Atta Kojo Essoun II which would be commemorated in house No. 13A/2, Takoradi Amanful Ahenfie, Takoradi.
b. An Order of the Honourable Court for the 4th and 5th Defendants to remove their metal container and the partition (hairdressing saloon) created in the premises of House No. 13A/2, Takoradi Amanful Ahenfie, Takoradi.
c. Declaration of title to and recovery of possession of House No. 13A/2, Takoradi Amanful Ahenfie, Takoradi.
The Defendants/Appellants counter-claimed against the Plaintiffs/Respondents as follows:
a) A Declaration that House No. 34A/2, Amanful, Takoradi belong (sic) to Kofi Abuagye and Kwesi Kell branch of the Ebiradze family of Takoradi.
b) A declaration that the Defendants are the direct descendants of Kofi Abuagye and Kwesi Kell and as such the Defendants are entitled to possession and control of H/No. 34A/2 amanful (North West Block, Takoradi).
c) Perpetual Injunction restraining the Plaintiffs branch of the Ebiradze family their servants, agents, privies, workmen from interfering with the Defendants possession control and management of H/No. 34A/2, Amanful, Takoradi (North West Block, Takoradi).
d) An order or recovery of the lease document on H/No.34A/2, Amanful (North West Block, Takoradi).
The said Writ of Summons and Statement of Claim dated 9/3/2015 was amended with leave on 7/7/ 2015 and finally amended on 14/8/2018 to change the title to the suit due to the death of the 3rd Defendant.
The facts of this matter are that the 1st Re