FRANCIS AGBEDZIE v. NANA OPPONG BASAWUKU II
November 4, 2010
COURT OF APPEAL
GHANA
CORAM
- ABBAN (MRS.) JA, (PRESIDING)
- KANYOKE, JA
- APALOO, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
November 4, 2010
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment, authored by Kanyoke JA with Abb an (Mrs.) JA (Presiding) and Apaloo JA concurring, reviews a land dispute from the High Court, Sefwi Wiaso. The appellant, an army sergeant, obtained a customary grant of virgin forest from the Debiso stool in 1983, cultivated cocoa and oil palm, and later faced adverse claims from respondent’s brother, Kwabena Dwomoh. The CDR and the Asare Committee investigated, instructing both parties to continue cultivation. At trial, the respondent counterclaimed title based on a purported gift from their father, Kofi Tia, and prevailed. On appeal, the court re-examined testimony and documents: PW2 (Debisohene), PW1, and the respondent confirmed the appellant’s land was virgin forest; Exhibit 4 showed a gift of a cocoa farm, not forest, to Kwabena; Exhibit 1 (1973 receipt) lacked boundary details. The trial judge’s conclusions were speculative, misapplied sale concepts and nemo dat to a customary grant. Finding the judgment against the weight of evidence, the Court of Appeal allowed the appeal, set aside the High Court’s decision, entered judgment for the appellant, and dismissed trespass damages.
J U D G M E N T
KANYOKE J. A.:
By this appeal, the plaintiff/appellant (hereinafter the appellant) questions the decision of the High Court, Sefwi Wiaso on the lone well known and often used general ground or reason that ‘The judgment is against the weight of evidence.”
Briefly the facts culminating in the instant appeal are that the appellant contends that somewhere in 1983 he approached the Chief of Debiso Nana Aforo Kwaw II for a piece/parcel of land for farming purposes. Nana Aforo Kwaw II led a delegation of some people to a place variously described as Kramokrom; Adiembra or Adabokrom and demarcated a portion of a virgin forest land for the appellant. The appellant in turn gave or offered to the chief and his elders twelve thousand old cedis (¢12,000.00) as a customary drink for the land. The appellant cultivated the land and planted Cocoa and oil plam. When the cocoa trees grew and matured into fruit yielding trees the appellant harvested the cocoa for two or three seasons without any hindrance from anybody. Subsequently one Kwabena Dwomoh a.k.a. Kwa Dwomoh (deceased), a brother to the respondent herein laid adverse claim of title to the land. The appellant reported the matter to Nana Aforo Kwaw II the Debisohene who after visiting the land ruled in favour of the appellant. But Kwabena Dwomoh (deceased) persisted in his adverse claim to the disputed land. The appellant again reported the matter to the then Committee for the Defence of the Revolution (C.D.R.). The C.D.R. invited the parties and after listening to their respective stories, visited the land and attempted to redemarcate a boundary between the land claimed by the appellant and that claimed by Kwabena Dwomoh. The C.D.R. were however unable to settle the matter between the appellant and Kwabena Dwomoh. The C.D.R. therefore referred the matter to the Castle (Presidency). The Presidency appointed a Committee known as the Asare Committee to investigate the matter. The Asare committee, after its investigations directed each of the appellant and Kwabena Dwomoh to go and continue cultivating their respective lands. Shortly thereafter Kwabena Dwomoh a.k.a. Kwa Dwomoh was taken ill and eventually succumbed to his illness. Meanwhile the appellant who was then an army sergeant at the Liberation Barracks Sunyani left on peacekeeping mission in Cambodia in 1990 and entrusted his cocoa farm i.e the disputed land to the care and control of his son Called Frimpong. Frimpong was however subsequently fo