March 23, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Georgina Mensah‑Datsa, JA, writing for a unanimous Court of Appeal, dismissed an appeal by the head of the Anona Stool family of Nyankekrom seeking declaratory and possessory reliefs over a 58‑acre parcel within a larger tract allegedly acquired in 1912 by Nana Agyabu Nyanke. The original defendant, Kow Nketsiah, having died, was replaced by Ebusuapanyin Kwegya Benia, a principal member of the Anona family. The Appellant argued the trial court’s judgment was against the weight of evidence and that he was vested with title. The Court recounted the trial judge’s detailed evaluation of traditional evidence, finding the Respondent’s lineage had repurchased land following a judicial sale, demonstrated root of title with documents, and shown long possession and control, including grants to family members. Applying the appellate standard for weight‑of‑evidence complaints and the derivative title principle from Agyeman v. Anane, the Court found no lapses or misapplication of law, affirmed the Circuit Court’s dismissal, and upheld costs against the Appellant.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the judgment of the Circuit Court, Takoradi dated 27th July, 2021 in favour of the Defendant /Respondent (hereinafter referred to as Respondent)
The grounds of appeal are as follows:
a. The judgment was against the weight of evidence adduced at the trial.
b. Further grounds of appeal may be filed upon receipt of the record of proceedings.
The following additional grounds of appeal were filed:
1. The trial court erred in its holding that the plaintiff had failed to establish title to the disputed land and thereby further erred in dismissing the claim of the plaintiff.
2. The trial court held wrongly that the plaintiff is not vested with title to the land in dispute.
The Plaintiff/Appellant instituted this action on 28/03/2012 against the original Defendant, Kow Nketsiah. He died on 4/04/2017 and was substituted by the current Defendant/Respondent Ebusuapanyin Kwegya Benia who describes himself as a principal member of the Anona Family of Abease and Nyankekrom.
The Writ of Summons and Statement of Claim was first amended on 20/11/2017 and finally amended on 30/10/2018 for the following reliefs:
a. Declaration of title to and recovery of possession of 58 acres of land within 3 miles’ square land situate and lying at Nyankekrom sharing boundaries on the North by Agona Ahanta, on the South by Bonsokrom, on the East by River Swani and on the West by Mpanyinaasa.
b. Damages for Trespass.
c. Recovery of Possession of the land thereof.
d. Perpetual Injunction restraining the Defendant his agent servants, privies, cohorts, etc from interfering with or having anything to do with the land the subject-matter of the suit.
The Defendant/Respondent counter-claimed as follows:
a. A declaration that the land in dispute belong (sic) to the family of Opanyin Alanza and Opanyin Prah.
b. An order that the Plaintiff is not the Head of the Anona Royal Family of Nyankekrom.
c. Damages for trespass.
d. Perpetual Injunction restraining the Plaintiff his agents, assigns, privies and anyone else claiming through them from having anything to do with the land in dispute.
In her judgment, the learned trial Judge stated at page 260 of the Record of Appeal (ROA) that the Defendant abandoned his counter-claim.
The Appellant stated that he is a farmer and current head of family of the Anona Stool family of Nyankekrom and is suing for and on beha