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FYNIBA AND OTHERS v SEKYIWA; FYNIBA v ESSAABA; FYNIBA v SEKYIWA (CONSOLIDATED)

1989

COURT OF APPEAL

GHANA

CORAM

  • AMUA-SEKYI J.S.C.,
  • LAMPTEY
  • ESSIEM JJ.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This appellate judgment concerns a protracted dispute over a house on Kotokuraba Road, Cape Coast, built by Kwamena Nuamah (also Thompson) on land said to have been gifted by Regent Thompson to his wife Aba Kraba and her children. The litigation began in 1971 with Kobina Awotwi (Frederick Swanzy), head of the Anona family, suing Kwamena’s nine children, asserting the house was family property. Awotwi died and Aba Sekyiwa was substituted; Osei-Hwere J held, following Mensah v. Lartey, that the house belonged to the children and their descendants, dismissing the suit, with no appeal. Essie Amoasiwa then sued as sister and head of Kwamena’s immediate family, and Wuaku J declared title in the maternal family. Later, Sekyiwa obtained possession and injunction against Aba Fyniba, who refused to vacate; a stay was refused and she was ejected despite an automatic seven-day stay under Court of Appeal Rules. After re-entry, Fyniba was convicted of contempt. On appeal, the court held Amoasiwa was estopped, set aside Wuaku and Sapong J’s decisions, quashed the contempt, and affirmed that title vested in the family constituted by Regent Thompson’s children and their descendants.

JUDGEMENT