2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Writing for a unanimous panel, Amadu JSC addressed an appeal from a 13 May 2015 Court of Appeal decision that, affirming in part a Cape Coast High Court judgment from 9 June 2008, recognized the Akwakrom stool’s allodial title while granting Kweku Eduafo’s family a determinable, usufructuary/possessory interest in the Pompomu and “Anomankyea” lands at Akwakrom, and imposed a perpetual injunction restraining the allodial owner. The Supreme Court reviewed the parties’ lineage, caretaker relationship, and long possession supported by grants to Ekumfi/Ekwumfi Swedru, PW6 and PW7 (including Exhibit “B”), applied customary land law on allodial and usufruct interests, and discussed laches and acquiescence (Suleman v Johnson) and compliance with the Illiterates Protection Ordinance (Nartey v Mechanical Lloyd). While affirming the coexistence of allodial and usufruct rights, the Court held the perpetual injunction improper and allowed the appeal in part.
AMADU JSC:-
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.
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.
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.
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 possessory title to the Plaintiff/Appella