2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
An appeal was filed against the High Court's decision which dismissed the plaintiff's claim of ownership of disputed land, dismissing his claims based on estoppel and tenant status. The appeal court upheld this decision, reaffirming key principles including jurisdiction limitations in chieftaincy matters, the validity of statutory declarations, burden of proof requirements in fraud allegations, and estoppel principles.
HONYENUGA, J.A.
This is an appeal by the plaintiff/appellant against the judgment of the High Court, Cape Coast dated the 25th day of March, 2011.
The said decision dismissed the plaintiff/appellant’s claim and awarded costs of GH¢1,000.00 against him.
The facts of this appeal are that the plaintiff/appellant claims that the parties belonged to one family that is the Royal Nsona family of which he is the head, and also head of the land in dispute.
Accordingly, the 1st defendant/respondent was made the chief of Ankwandah during the headship of his predecessor.
However, through a misunderstanding among the people of Ankwandah including the Royal Nsona family, the 1st defendant/respondent unilaterally and voluntarily seceded from the family and formed another Nsona family headed by the 3rd defendant/respondent.
The defendants/respondents installed the 2nd defendant/respondent as the queenmother of the town.
The 1st defendant/respondent and his siblings were alienating portions of the land in dispute to their siblings and others without reference to the plaintiff/appellant and his family.
The defendants/respondents also executed a Statutory Declaration in the name of their new ‘Barima Ankwandah Nsona Family’ claiming that the land in dispute belonged to them.
The defendants/respondents disputed the plaintiff/appellant’s claim and claimed the land in dispute as belonging to their Nsona Royal family and that they are the original descendants of the Royal family.
They also claimed that the plaintiff/appellant’s family members are strangers and also their tenants.
Concerned with the state of affairs, the plaintiff/appellant caused a writ of summons and a statement of claim to be issued and served claiming as follows:-
“(1) A declaration of title to all that piece or parcel of land lying and being situate at Ankwandah and (forming the Ankwandah township) which said Land is bounded on the one side by the village called Mborofo-Akyenmu and Owira Akyenmu and on the other side by Mpeasem Land, and yet on another side by Brenu-Akyenmu Lands and again on other side by the Gulf of Guinea as being the property of the Royal Nsona Family of Ankwandah headed by the plaintiff herein named.
(2) A declaration that any Statutory declaration at whatsoever document executed by the 1st, 2nd and 3rd defendants with respect to the Lands at Ankwandah as being owned by the defendants’ family now known and called “Barima Ankwandah Nsona Family” with 3rd defendant as its fami