July 19, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice William Appiah Twumasi adjudicated a land dispute involving family members in the Nii Annang Nkpa lineage. Gladys Korkor Commey and Theodora Tsotsoo Commey, granddaughters of Afieye Odonkor from the Alokoto Commey branch, sought declarations, recovery of 51.3608 acres, damages for trespass, and injunction against alienation after the branch head, the 1st Defendant, excluded them from sharing the branch’s land on grounds of gender and sold 45 acres to the 2nd Defendant. The Court addressed a preliminary capacity defect and amended the title to reflect representative standing, relying on Dove v. Wuta-Offei. Drawing on prior appellate findings (Exhibits E and F) and constitutional authority including Soonboon Seo v. Gateway Worship Center, the Court held the land had been divided among branch members, lost its community character, and that female descendants are entitled. The sale to the 2nd Defendant was a nullity; bona fide purchaser and laches defenses failed; judgment entered for the Plaintiffs.
The Plaintiffs sued for and on behalf of the grandchildren (without mentioning the name of their grandmother for whom they were suing, claiming per the Amended Writ of Summons, the following reliefs; a. A declaration that the sale of the disputed land to the 2nd Defendant is illegal and to that extent null and void.
b. An order setting aside the sale of the portions of the land by the 1st Defendant to the 2nd Defendant.
c. Recovery of 51. 3608 acres of the disputed land by the Plaintiffs as their share of the land.
d. Damages for trespass.
e. Perpetual injunction restraining the Defendants, their workmen, assigns, privies from dealing with the said land and or further alienating any part of the land.
f. Cost inclusive of legal fees.
g. Any other relief(s) this Honorable Court may deem fit.
FACTS The facts of this case are that the disputed land was originally acquired by Nii Annang Nkpa and that the land was allegedly divided and shared amongst three branches of the Nii Annang Nkpa family namely.
The Amar Kofi Branch, the Kwei Kumah Mensah Branch and Alokoto Commey Branch.
Alokoto Commey married two (2) women, Afieye Odonkor and Antie Atemele and the Plaintiffs and the 1st Defendant are the grandchildren of Alokoto Commey being the grandchildren of Afieye Odonkor, the wife of the late Alokoto Commey.
According to the Plaintiffs, it was also decided that the land would also be shared amongst the members of each branch of the three branches of the Nii Annang Nkpa family and that it is the portion that ought to have been shared amongst the Alokoto Commey Branch of the family that resulted in the present action.
According to the Plaintiffs, the Alokoto Commey branch of the Nii Annang Nkpa family was entitled to 116. 21 acres of the large tract of Nii Annang Nkpa’s land and that 15 acres of the land was sold for documentation on the land and other purposes and 37. 012 was also given to the offsprings of Antie Atemele, the other wife of their late grandfather, Alokoto Commey but it is the remaining portion of 63acres to be shared amongst five offsprings of the other wife of the late Alokoto Commey, namely Afieye Odonkor that has brought about this dispute.
It is the case of the Plaintiffs that, although they and the 1st Defendant are grandchildren of the late Afieye Odonkor, the 1st Defendant has denied them a portion of the land because they are females and since by the customary inheritance law of his people the Plaintiffs who are females are not m