Gordon Tanno Kwachie v. S. K. Amadzo and 1 Ors
2016
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A. (Presiding)
- Sowah, J.A.
- Mensah, J.A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the ownership and proceeds of a palm plantation. The plaintiff claimed the land was gifted by his late mother, while the defendants argued it was family property. The Circuit Court dismissed the plaintiff's claims, and the appellate court upheld this decision, confirming the land as family property and dismissing the appeal. Key legal principles discussed include burden of proof, proof of title, family property presumption, and derivative title.
SOWAH, J. A. This appeal is from the judgment of the Circuit Court Asamankese dated 19th November 2014 by which the claims of the plaintiff were dismissed in its entirety and costs awarded against the plaintiff.
The plaintiff/appellant who will hereafter be referred to simply as the plaintiff sued the defendants/respondents (hereafter referred to as the defendants) for the following reliefs: (See pages 8-10 of the Record)1. The order of the court compelling defendants to account for all proceeds from the past 4 years on plaintiff's palm plantation.
2. Recovery of possession of all that whole farmland with palm plantation situate lying and being at Sukusu near Asamankese and bounded as follows: on one side by the property of Samuel Kwakye, other side by the property of Okona and on the other side by MAAME ABENA KORAMA and on other side by Adantam stream which was given to 1st defendant to cultivate and account for the proceeds to be shared between parties but for the past 4 years failed and is now accounting to 2nd defendant without any reasons.
The case of the plaintiff was that the whole farmland in dispute had been gifted to him in or around 1976 by his late mother.
That he was cultivating the farmland until he left Ghana in or around 1980 but from 1996 had been making remittances to his mother to care for the farm for him.
The 1st defendant had been employed as caretaker and was accounting to his mother until sometime after her deathin 2009 when the 1st defendant diverted accounts to the 2nd defendant who is unlawfully claiming possession of the farm.
The defendants filed separate defences.
The 1st defendant stated that his father Akorli was caretaker of the land for Opayin Nyantakyi who was the original owner of the land.
After their death he entered an Abunu agreement with plaintiff's mother in 2007. She did not indicate that she had gifted the land to her son.
He used his own money to plant and care for the palm plantation without any financial contribution from the plaintiff.
He renders accounts to the 2nd defendant as the lawful successor to plaintiff’s mother because Kwaku Appiah who was the head of family had directed him to do so.
The 2nd defendant is the sister of plaintiff's late mother.
She admitted the boundaries as pleaded by the plaintiff but narrated that the farmland in dispute had originally been acquired by her grandfather Op.
Nyantakyi and since his death customary successors and caretakers have been appointed to care fo