2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Authored by Justice Georgina Mensah‑Datsa, this Court of Appeal decision resolves an appeal by the 2nd and 3rd Defendants, children of the late Ebusuapanyin Kofi Gyansah Impraim, from a Winneba High Court judgment declaring the Apam house known as “Naomi Inn” family property of the Agona Royal Family. The Respondent, a fisherman and current head of the family, alleged the property was acquired about a century ago by four siblings of the Agona Royal Family, was used for family meetings and funerals, and was maintained and improved by various family members; Impraim’s reconstruction occurred in his fiduciary capacity as head of family. The Appellants asserted the land came from Dentsifo No. 2 Asafo Company to their grandmother Maame Ama Kwanmoa, was gifted to her children, and that decades of possession and acts of ownership established individual title. They also attacked jurisdiction based on transfer from Agona Swedru to Winneba under section 104 of the Courts Act. The Court held judicial divisions are for convenience, objections must be raised early, official acts are presumed regular, found no proof of individual gift, and affirmed the High Court’s judgment.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the 2nd and 3rd Defendants/Appellants (hereinafter referred to as Appellants) against the judgment of the High Court, Winneba dated 14th May, 2019 in favour of the Plaintiff /Respondent (hereinafter referred to as Respondent).
The grounds of appeal are as follows:
1. The High Court, Winneba lacked jurisdiction to hear the case which was transferred from the High Court, Agona Swedru contrary to Section 104 (1)- (3) of the Courts Act, Act 459.
2. The judgment is against the weight of evidence.
3. Further grounds of appeal shall be filed upon receipt of the Record of Appeal.
The relief the Appellants seek from this Court is that the judgment of the High Court delivered on 14th May, 2019, be reversed and judgment entered in favour of the Appellants and/or alternatively the trial at High Court, Winneba be declared a nullity.
The Plaintiff/Respondent (hereinafter Respondent) instituted the action on 4/3/2013 against the Defendants/Appellants jointly and severally for the following reliefs:
a. Declaration of title to the disputed house located at Apam and particularly described as NAOMI INN, MAMFAM, APAM and shares boundary on the North by Madam Aba Efi and Kweku Tawiah measuring 150 ft, on the East by Mr. J.A. Nziba measuring 80 ft, on the South by a road measuring 150 ft and on the West by the property of Kwame Ndziba (now Kow Dadzie) measuring 112 ft.
b. An order for perpetual injunction restraining the Defendants, their children and any one claiming through or under them from interfering with Plaintiff’s quiet enjoyment and rights to the property.
c. Cost incidental to the suit.
The brief facts of this case are that the Respondent, a fisherman, instituted this action as head of family of Agona Royal Family of Apam against the Defendants/ Appellants who are the children of the former Head of Family of the Agona Royal Family of Apam, the late Ebusuapanyin Kofi Gyansah Impraim.
The Respondent claimed that the property particularly described as Naomi Inn, Apam is a family property of the Agona Royal Family of Apam.
The Respondent’s case is that the property in issue was originally acquired by four (4) siblings namely, Maame Kromoa, Maame Amoasiwa Panyin, Maame Amoasiwa Kakraba and Opanyin Akondo about 100 years ago who all belonged to the Agona Royal Family of Apam. They put up a swish house on the land now known as Naomi Inn which they made their family house. According to the Respondent, th