EBUSUAPANYIN KWAME ATTA v. EBUSUAPANYIN KWAKU AMOESI
2024
SUPREME COURT
GHANA
CORAM
- OWUSU (MS.) JSC (PRESIDING)
- AMADU JSC
- KULENDI JSC
- KOOMSON JSC
- KWOFIE JSC
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court reviewed an appeal concerning land ownership in Akatakyiwa. Initially, the High Court had favored the Appellant, but the Court of Appeal reversed this decision, favoring the Respondent based on recent acts of possession. The Supreme Court upheld the Court of Appeal's approach to favoring recent acts in resolving conflicting traditional histories. However, it varied the Court of Appeal's judgment, removing the title grant to the Respondent for the entire Akatakyiwa lands. The Court emphasized the importance of possession as prima facie evidence of ownership and addressed the necessity of complying with procedural rules. The Appellant's appeal was dismissed, and costs were awarded to the Respondent.
KULENDI JSC:
INTRODUCTION
1. We have before us an appeal against the judgment of the Court of
Appeal, Cape Coast, delivered on the 29th of June 2022 which
reversed the judgment of the High Court dated 22nd October 2020.
Per the notice of Appeal filed on the 19th of July 2022, the Appellant seeks an order setting aside the Judgment of the Court of Appeal
and a further order restoring the judgment of the trial High Court.
For ease of reference and for the purposes of this Appeal, we shall
refer to the Plaintiff as the Appellant, and the Defendant as the
Respondent.
BACKGROUND:
2. The backdrop against which the instant appeal was mounted are as
follows:
The Appellant, in his capacity as Head of the Aboradze family of
Akatakyiwa, filed a Writ of Summons and Statement of Claim on 28th
October 2009. This was then subjected to several amendments
culminating in an “Amended Amended Statement of Claim” filed on
the 6th of February 2015. In reaction to this, the Respondent, also
suing in his capacity as Head of the Aboradze family of Akatakyiwa,
filed an Amended Amended Statement of Defence on the 2nd of
November 2017. On the 10th of November 2017, the Appellant then
filed a Reply to the Amended Statement of Defence’
3. The reliefs sought per the amended amended writ of summons were
as follows:
1. A declaration of title to all that piece or parcel of land lying
at Akatakyiwa in the Mfantseman District Assembly Area in
the Central Region of the Republic of Ghana, which shares
boundaries with Ebu. Kow Afful, Nsona family of Akatakyiwa,
Opanyin Nana Kyerede of Kona family of (Biriwa), Nana Nta
Akotsen Asafora (Twidan), Nana Ogyentsi of Waakrom
(Twidan), Nana Acquah of Yamoransa Kojokrom (Nsona),
Opanyin Kofi Atta of Yamoransa (Anona), Opanyin Kweku
Addo of Twidan No. 2 family of Yamoransa, Ebu. Tanoa of
Nsona family of Yamoransa, Ebu. Kofi Atta of Nsona family of
Yamoransa Kokwaado, Opanyin Morgan of Twidan Royal
family of Yamoransa, Nana Amenye of Anona family of Moree
and Ebu. Kwame Nyarkoh of Abadze family of Akatakyiwa.
2. Recovery of property.
3. General damages for trespass.
4. Perpetual injunction restraining the Defendant, his workers,
assigns and servants and anybody claiming through the
Defendant from dealing with the land in anyway adverse to
the interest of the Plaintiff and/or without the Plaintiff's
express consent and permission.
This can be found at page 267 of Volume 1 of the Record of Appeal.
THE APPE