EFFIDUASE STOOL v. MPONUA STOOL
2018
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU (J.A.) – PRESIDING
- KWOFIE (J.A.)
- GAISIE (J.A.)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Effiduase Stool appealed the High Court, Kumasis judgment that granted all reliefs to Mponua Stool over a defined tract of land and awarded GH240,000 general damages and GH10,000 costs. The Court of Appeal, per Mariama Owusu, J.A., addressed multiple issues: the capacity of the Mponua senior linguist (Okyeame) to testify, admissibility of CDs referenced but not tendered, competence of additional grounds, weight of evidence based on conflicting traditional histories, damages, costs, and alleged prior arbitration before Mampong elders. Applying the traditional evidence test from Adjeibi-Kojo and corroborating with recent acts and authentic documents (plans and revenue-sharing agreements signed by Effiduasehene and Mponuahene), the court affirmed Mponuas title. CDs appended to submissions were expunged under Rule 26. It struck out argumentative grounds, allowed additional grounds since respondent had answered, reduced damages to GH10,000 as nominal, upheld costs, and rejected res judicata based on unproven arbitration, dismissing the appeal except for the damages reduction.
JUDGMENT
MARIAMA OWUSU, J.A.:
This is an appeal against the judgment of the High Court, Kumasi dated 29th March, 2017. In the said decision, the court entered judgment for the plaintiff Stool on all the reliefs endorsed on its writ of summons. It also awarded GH¢40,000.00 general damages in favour of the plaintiff against defendant and Gh¢10,000.00 cost in favour of the plaintiff against defendant.
Dissatisfied with the decision of the trial Judge, the defendant appealed on the following grounds:
i. The judgment of the court below was against the weight of evidence.
ii. The weight of evidence did not support the conclusion of the court below decreeing the reliefs sought by the plaintiff/respondent in its favour. The failure of the court below to properly, dispassionately, fairly and validly evaluate the evidence before it occasioned the defendant/appellant substantial miscarriage of justice amounting a denial of justice.
iii. The judgment is very subversive of the ancient well-established constitutional order and hierarchy of chiefs pertaining to the defendant/appellant stool.
iv. The judgment is a recipe for chaos and contrary to the pristine constitutional and customary, order long established and prevailing in Effiduase long before the establishment of colonial rule in the Gold Coast and the annexation of Asante by the Imperial Government of Great Britain upon the conquest of Asanteman in 1900 and indeed a veritable judicial coup d’tat in so many words.
v. The GH¢40,000.00 damages awarded were arbitrary excessive and unreasonable in the circumstances
vi. The cost awarded is also excessive, prohibitive and unreasonable in the circumstances.
vii. Additional grounds of appeal will be filed upon receipt of the full record of proceedings.
The relief sought from the Court of Appeal is:
“An order reversing the judgment of the court below dated 29th March, 2017 and non-suiting the plaintiff in respect of all the reliefs endorsed on the writ of summons and the plaintiff/respondent mulched in exemplary and punitive costs.”
Before dealing with the arguments canvassed in support and against this appeal, I will give a brief background of the case.
The plaintiff/respondent stool hereinafter referred to as plaintiff by its writ of summons claims the following reliefs:
“1. A declaration that plaintiff stool owns all that land starting from river “efi-efi” and “adawua” confluence Southward and to the right side up to the boundary with Juabeng Stool down t