FELICIA FORKUO v. NANA KARIKARI PER HIS ATTORNEY YAW ASARE & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. Ayebi (Presiding) JA
- Irene C. Larbi, (Mrs.) JA
- Angelina M. Domakyaareh (Mrs.), JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the ownership of a farmstead based on a pledge by Kwadwo Mensah to the plaintiff. The District Court initially ruled in favor of the plaintiff, but this judgment was overturned by the High Court. The Court of Appeal affirmed the High Court's decision, declaring the Exhibit A document invalid due to the lack of a jurat clause and determining that the oral agreement did not meet the requirements of the Conveyancing Act, thus was unenforceable. The court concluded that the nature of the transaction was a pledge, giving the defendants the right to redeem the land by repaying the loan.
AYEBI, J. A:
1. This suit originated from the District Court Manso Nkwanta where the claim of the plaintiff/respondent/appellant(hereinafter called the plaintiff) was granted.
The defendants/appellants/respondents (hereinafter called the defendants) appealed against the judgment of the District court to the High Court, Kumasi.
The High Court in its judgment dated 13th May 2010, reversed the judgment of the District Court, therefore allowing the appeal.
It is the reversal of the judgment of the District Court in favour of the defendants by the High Court which is the subject of this appeal.
2. In the District Court, the plaintiff claimed against the defendants jointly and severally for: “Declaration of title, ownership and recovery of possession of a farmstead being, situate and lying at a place commonly known and calles (sic) “ABOM” on Pakyi No. 2 Stool Lands and shares common boundary with the properties of Agya Kumi, Kwabena Kobi, Madam Afua Akyire and late Yaa Ankobea which the defendants have cultivated.
The disputed land was given to plaintiff by defendants family member late Kwadwo Mensah as per the attached marked as Exhibit “A””. 3. In her evidence-in-chief, the Exhibit “A” referred to in the endorsement was tendered.
It is headed Receipt but was began as a letter written by Kwadwo Mensah.
1986 have received an amount of one million five hundred cedis (¢1. 500.
There is no interest, but in case I fail to pay and I die, I promise her to take my piace of land at Abom to replace her money.
Yours faitfully Kwadwo Mensah R T P Witness Yaw Amoako R TP Kwame Anane R T P ”4. At the trial, plaintiff gave evidence that the late Kwadwo Mensah took a loan of ¢1, 500, 000.
00 from her in 1986 and told her to take over his land at “Abom” if he did not survive the operation.
Kwakwo Mensah survived the operation and gave her Exhibit “A”to take over the land if he was unable to pay her back.
Thereafter, Kwadwo Mensah affirmed in the presence of her head of family Kwaku Forkuo that she should take the land because he could not pay back the loan.
5. But six years after the death of Kwadwo Mensah, the defendants decided to refund her money to her, sell the land and give her part of the proceeds.
She disagreed with them but they sold the land to a bank manager, hence the suit against them.
The plaintiff was supported by two witnesses that Kwadwo Mensah sold his land to the plaintiff when he was sick.
The two witnesses appeared to be members or relat