FELICIA АМОАКО v. ABRAHАМ ОТCHERE
May 27, 2025
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DR. POKU ADUSEI
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Contract Law
May 27, 2025
HIGH COURT
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision arises from a domestic dispute turned property contest between Mr. A.K. Otchere and Felicia Amoako over a house at Ampabame No.1, Kumasi. Otchere asserted he acquired the plot in 1996 from Nana Brano Acheampong, later secured an allocation note in 2012 from Regent Obrempong Sapah Adwere Twia II, and financed construction via Obrako Construction/Enterprise Ltd by 1997, corroborated by a caretaker and artisans. Amoako contended she paid for the land, contributed materials, installed an ECG meter, and paid property rates, and further alleged a breach of promise to marry. The District Court awarded title and possession to Otchere but granted Amoako GH¢15,000 damages. On appeal, the Court re‑evaluated the record under the omnibus “against the weight of evidence” ground, holding that documentary and corroborated evidence supported Otchere’s title, while Amoako’s breach‑of‑promise claim was statute‑barred and unproven. The Court dismissed the appeal, affirmed recovery of possession, set aside damages, and awarded costs of GH¢20,000.
Dr. Poku Adusei, J.A.</u>
The plaintiff/respondent [hereinafter referred to as the respondent] instituted an action in the District Court, Asokwa-Kumasi for an order asking the defendant/appellant (hereinafter referred to as the appellant) to yield vacant possession of a house numbered Plot 84 Block 3 Ampabame No.1 to him. The parties were in an amorous relationship for a number of years till 2004 when they parted ways. It was therefore a case grounded on love affairs gone wrong for which both parties now claimed ownership of the disputed property located at Ampabame No.1, a suburb of Kumasi.
The respondent’s case was that he bought the disputed plot in 1996 from the then Chief of Ampabame No.1, Nana Brano Acheampong, and that he was given a site plan to cover the said acquisition. For the respondent the disputed plot was re-numbered in 2012 as Plot 84 Block 3 Ampabame No.1, for which he was given an allocation note by the then Regent of Ampabame No.1 called Obrempong Sapah Adwere Twia II. The respondent contended that he engaged Obrako Enterprise Ltd to undertake the construction of a house on the plot and paid for it from his own resources. He added that the appellant had no interest whatsoever in the disputed property.
By a writ of summons and its accompanying statement of claim filed on 09/05/2017, the respondent herein (as plaintiff therein) claimed against the appellant herein (as defendant therein) for:
(a) A declaration of title to all that house numbered Plot 210, Ampabame No.1 and also renumbered as Plot 84, Block B, Ampabame No.1.
(b) A declaration that the defendant has trespassed on to the subject house and an order for recovery of possession of the subject house.
(c) An order for perpetual injunction restraining the defendant, her agents, assigns, workmen or any other persons claiming through her from interfering with plaintiff’s peaceful enjoyment of the said house.
(d) Any further order(s) as the court may deem fit and just to order.
The appellant on her part disputed the respondent’s story and contended that she rather gave GH¢300,000 (now GH¢30) to the respondent to acquire the land from Nana Brano Acheampong, the Chief of Ampabame No.1, in 1996. The appellant stated that the said Chief did not issue her with any allocation note or site plan, but rather showed her the pillars demarcating the boundaries of the land with the plot numbered as 210. The appellant contended that she developed the land wit