December 5, 2017
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Irene Charity Larbi J.A., reversed the Sekondi High Court’s declaration awarding Abirika Anaafo land to the strand led by Prophet Joseph K. Boateng. Boateng claimed exclusive ancestral rights through Boafo Kobina and argued that defendants Kwamina Siisi and Kojo Yankson were descendants of househelps brought from Techiman, hence strangers to the lineage. Relying on cross-examination, prior suits, and Supreme Court precedent (Civil Appeal No. J4/27/2011), the Court of Appeal found the defendants to be acknowledged members of the Pitsir Kwaata Anona family, and confirmed that the plaintiff’s group had seceded. The court criticized Exhibit “A” (National Archives history) for inaccuracies, emphasized the appellate re-hearing standard and the family land allegiance doctrine from Amoabimaa v Okyir, and concluded that secession precluded Boateng from claiming headship and ownership over the original family estate. The appeal was allowed, the High Court judgment set aside, and the defendants’ counterclaims for title and injunction were granted.
IRENE CHARITY LARBI (MRS) J.A.
(1) This is an appeal against the judgment delivered in favour of the Plaintiff dated 23rd May, 2017.
In the said judgment, the Trial Court “declared that the Abirika Anaafo land is the ancestral property of the Plaintiff’s strand of the family: however it is called”. The Trial Court also made a finding that:- “The Defendants’ larger Pitsir Kwaata Anona family of Upper Inchaban is not the direct descendants/blood lineage of Nana Pitsir Kwaata, the original owner of the Abirika Anaafo lands.
The Defendant’s family is therefore not entitled to inherit the Abirika Anaafo land since it does not belong to their family”. The Trial Court therefore dismissed the Defendant’s counter claim and awarded costs of Gh₡10,000.00 against the Defendant.
(2) The facts which culminated in this decisions are as follows:- The Plaintiff describes himself as the head of the Boafo Kobina Pitsir Kwaata Anona family of Upper Inchaban.
He contends that he and his family are the direct and linear descendants of his ancestor called Boafo Kobina and therefore claimed against the Defendant for declaration of title to the land situate at Abirika Anaafo lying on the old Sekondi-Cape Coast motor road and perpetual injunction against the Defendants from any way disturbing the Plaintiff’s beneficial interest in the land.
(3) The basis of the Plaintiff’s action is stated in his statement of claim, witness statement as well as evidence of his two witnesses.
The Plaintiff’s case is that he and the two Defendants all used to belong to the Pitsir Kwaata Anona family of Inchaban until their recent separation.
He claims that his ancestor called Pitsir Kwaata was the first person to settle and break the virgin forest land at a place known as “Abirika Anaafo” at Upper Inchaban.
He stated that Pitsir Kwaata’s family then became known as the “Pitsir Kwaata Anona” family of Upper Inchaban of which he is the head.
(4) The Plaintiff led evidence that upon the demise of Pitsir Kwaata, his direct nephew called Boafo Kobina succeeded him and became the head of family.
The Plaintiff testified that he is a direct descendant of the two ancestors and he is related to them by blood and so he and his lineage can succeed their property.
He continued his evidence that Boafo Kobina had a brother called Kobina Awortwe who used to trade from the coastal areas to the Northern part of Ghana, specifically, a town called Techiman.
He testified that on one of his trips to Techiman,