EBUSUAPANYIN KWEKU OKANTA & Ano v. ROSE OKYERE & 2 Ors
2021
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.), JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.), JA
- YAW DARKO ASARE, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Georgina Mensah-Datsa, J.A., decided an appeal from the High Court, Agona Swedru, in a land dispute between members of the Aboradze family concerning Odum Wompekasa and Osedze lands near Agona Swedru. The first Respondent, head of the Aboradze royal family and descendant of Maame Abena Agyimaa, and the second Respondent, her customary successor, seek declarations over a larger tract; the Appellants, children of Abena Agyeiwaa, argued a District Court’s judgment over a single building plot rendered the case res judicata and moved to set aside the writ or stay proceedings. The High Court dismissed the motion, emphasizing the need for evidence and reading the writ together with the statement of claim under C.I. 47. On appeal, the Court held res judicata’s application hinges on identical subject matter, which is disputed, and must be determined after evidence. It affirmed the High Court and dismissed the appeal.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Defendants/Appellants (hereinafter referred to as Appellants) against the ruling of the High Court, Agona Swedru dated 4th March, 2020 in favour of the Plaintiffs/Respondents (hereinafter referred to as Respondents).
The grounds of appeal are as follows:
1. The Judge wrongly exercised her discretion in dismissing Defendants/ Applicants/Appellants’ Application.
2. Further grounds of appeal would be filed upon receipt of Records of Proceedings.
The relief the Appellants seek from this Court is that the ruling of the High Court, Agona Swedru dated 4th March, 2020, be set aside.
The Respondents instituted this action on 16/12/2015 against the Appellants jointly and severally for the following reliefs:
a. A declaration of title to all that piece of land at a place commonly called “odum wompekasa vicinity of Agona Swedru sharing boundaries on the North by Auntie Faustina’s land, on the South with Sister Rebecca’s land, on the East by Assemblies of God Church and on the West by a proposed road.
b. Recovery of possession.
c. General damages for trespass and
d. Perpetual injunction restraining the Defendant, his agents, assigns etc from interfering with Plaintiffs’ possession rights.”
At paragraph 14 of their Statement of Claim, the Respondents claimed the following reliefs:
a. A declaration that the judgment of the District Court, Agona Swedru, dated 19th day of September, 2014 is in respect of the plot of land occupied by Brother Akodai only.
b. A declaration of title to all that piece or parcel of land popularly known and called Odum a wompekasa and Osedze, near Agona Swedru.
c. An order directed at the defendants to desist from any acts of harassment of persons occupying plot of land other than that of Brother Akodai as per the judgment.
d. An order directed at the defendants to retract the announcements made and to desist from further publications.
e. Perpetual injunction restraining the defendants, their agents, assigns etc from interfering with possessory rights of persons claiming through Maame Abena Agyima a.k.a. Afua Ayipuah.
f. Costs including legal fees for instituting this action.
The brief facts of this case are that the 1st Respondent is the head of the royal Aboradze family of Agona Swedru and a descendant of the late Maame Abena Agyimaa a.k.a. Nana Afua Ayipuah. He stated that he brings this action for himself and on behalf of the descendants and beneficiaries of the es