2021
SUPREME COURT
CORAM
AI Generated Summary
Amadu JSC delivered the Supreme Court of Ghana’s partial allowance of an appeal arising from two consolidated Cape Coast land suits over Pomponu and Anomankyea lands at Akwakrom. The Respondent (plaintiff below), whose clan traces connections to Nana Akwa I and includes Kweku Eduafo, claimed title, possession, damages and injunctions; the Appellant (defendant below), the allodial owner, counterclaimed for title, possession and injunction. The High Court dismissed both parties’ declaratory claims, but confirmed the Appellant’s allodial title. The Court of Appeal affirmed in part, recognizing the Respondent’s determinable usufruct or possessory interests, refusing recovery and damages, but granting a perpetual injunction restraining the Appellant, his assigns and agents. The Supreme Court endorsed the classification of rights—Appellant as allodial, Respondent as usufruct—based on longstanding possession, grants to Ekumfi Swedru and tenants PW6 and PW7, and acquiescence principles, and held Exhibit “B” consonant with Section 4(1) of the Illiterates Protection Ordinance. However, it set aside the perpetual injunction as legally erroneous in light of the incidents of the allodial-usufruct relationship, and allowed the appeal in part.
AMADU JSC:-
(1) This appeal is from the decision of the Court of Appeal (Cape Coast Division) dated
13th May 2015 which affirmed in part the decision of the High Court (Cape Coast)
dated 9th June 2008.
(2) The background facts giving rise to this appeal are the result of two Consolidated
Suits No.LS7/94 and No.LS8/94 in which the Plaintiff/Appellant/Respondent
(hereinafter referred to as ‘Respondent’) had taken out writs in the High Court,
Cape Coast against the Defendant/Respondent/Appellant (hereinafter referred to
as the ‘Appellant’) for the following respective reliefs:-
“(i) Declaration of Title to all that piece or parcel of land called
Pomponu which said piece or parcel is bounded by the properties
of Nana Akwa, Nana Ampong and Ekumfi Swedru.
(ii) Recovery of possession.
(iii) General damages for trespass to Plaintiff’s family.
(iv) Perpetual injunction restraining the Defendants, his agents,
servants and/or workmen from having anything to do with the
said land” and
“(a) Declaration of title to all that piece or parcel of land situate
at Akwakrom and commonly called “Anomankyea land” which is
bounded by the property of Nana Akwa, the Defendant herein the
property of Nana Kwame Sakyi also known as Peppy, the property
of Nana Adokor, the property of Nana Kojo Okyir, the property of
Akua Nyamekye and property of Kojo Apprey.
(b) Recovery of possession
(c) General Damages for trespass
(d) Perpetual Injunction restraining the Respondents, his agents,
savants and workmen from having anything to do with the said
land”.
The Appellant herein who was Defendant in the consolidated suits counterclaimed
in both actions and sought against the Respondent reliefs for declaration of title,
recover of possession and perpetual injunction with respect to the same subject
matter.
(3) At the end of the trial, the High Court dismissed the claim of the Respondent for
the reliefs of declaration of title and recovery of possession as well as the claim of
declaration of title by the Appellant, but confirmed his allodial title over the parcels
of land in dispute.
(4) On appeal, the Court of Appeal affirmed the judgment of the Trial High Court in
part. With respect to Suit No.LS.7/94 the Court of Appeal held as follows:-
“(a) Declaration of title to the Pompomu lands as described on relief (a)
of the Appellant’s claim i.e. the land bounded by the properties
of Nana Akwa, Nana Ampong and Ekumfi Swedru as determinable,
usufructuary or poss