EBUSUAPANYIN KOFI YEBOAH v. NANA KOFI ANSAH & ORS
2022
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.), JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.), JA
- YAW DARKO ASARE, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Georgina Mensah-Datsa JA, dismissed an appeal against a High Court interlocutory order maintaining the status quo over family land disputes around Awutu-Aprah and Gomoa Aprah. The Respondent, head of the Asona Kokroko Family, traced ownership to a 1911 lease by Nai Kwao Opei to Opayin Kwaku Oteng, claimed the lease expired in 2011, and alleged the Appellant, head of the Fetteh Asempanyin Kona Clan and Odikro of Gomoa Aprah, registered and alienated portions to third parties after refusing to yield possession. The Appellant denied tribute, asserted two centuries of possession, registration, and pleaded the Limitation Act. Reviewing the record and settled standards for interim injunctions (legal/equitable right, preservation of status quo, balance of convenience), the Court found the trial judge exercised discretion judiciously, that the land was sufficiently described, clarified that etc in the order addresses new alienations rather than renovations, and affirmed the injunction to prevent overreaching and preserve the land pending trial.
JUDGMENT
GEORGINA MENSAH-DATSA (MRS) JA
This is an appeal by the 1st Defendant/Appellant (hereinafter referred to as Appellant) against the ruling of the High Court, Agona Swedru dated 15th July, 2020 in favour of the Plaintiff/Respondent (hereinafter referred to as Respondent).
The grounds of appeal are as follows:
a) The Ruling is against the weight of evidence before the Court.
b) The Judge respectfully exercised her discretion without regard to the rights of the Appellant and or that the exercise of discretion by the learned trial Judge was not done according to law.
c) The order granted by the Judge was at large as the disputed property was not clearly identified.
The relief the Appellant seeks from this Court is that the injunction granted against the Appellant and his grantees, workmen etc be vacated.
The Respondent instituted this action on 26/08/2019 against the Appellant and 2nd Defendant jointly and severally for the following reliefs:
i. A declaration of title to land situate lying at Awutu-Aprah bounded on the North-East by the property of the Yorkor Family, bounded on the South-West by the property of the Anana Chocho Botchwey Lands and on the West by the property of the Lowyie Family Land altogether covering an approximate area of 467.88 Acres.
ii. An Order for any Instrument purporting to convey title in the Asona Kokroko family Lands to the 1st Defendant to be cancelled.
iii. An Order directed at the 2nd Defendant to expunge the name of 1st Defendant from the records in respect of the Asona Kokroko Family Lands situate at Awutu-Aprah in the Central Region of the Republic of Ghana.
iv. An Order that the 1st Defendant is in trespass.
v. An Order for damages.
vi. An Order for recovery of possession.
vii. An Order for all developers on the Asona Kokroko Family lands to atone tenancy to the lawful head of the Asona Kokroko Family of Awutu-Aprah.
viii. Costs.
The Appellant counter-claimed as follows:
a. Declaration of title to the Gomoa Aprah lands in defendant (sic) possession lying and being at Gomoa Aprah with a total area of four hundred and ninety eight acres measuring with current GPS machine and originally 550 acres.
b. Perpetual injunction restraining the plaintiffs, their assigns, representatives, privies, workmen assigns personal representatives etc from interfering with defendant’s ownership, possession and use of the land.
c. Damages for unlawful interference of defendant (sic) possession and use of the land.
d.