HANNA SARFO & OTHERS v. KWADWO PIPIM & OTHERS
2013
COURT OF APPEAL
GHANA
CORAM
- AYEBI J.A. (PRESIDING)
- IRENE DANQUAH (MRS.) J.A.
- TANKO AMADU J.A
Areas of Law
- Property Law
- Succession Law
- Civil Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal by the plaintiffs against the judgment of the Sunyani High Court was dismissed. The trial judge found that the plaintiffs failed to prove joint ownership of the properties and granted relief (c) for accounts against the defendants. The appellate court agreed with the trial judge's findings and conclusions, with a small variation regarding to whom the accounts should be rendered.
JUDGMENT
AYEBI J.A.
This is an appeal by the plaintiffs against the judgment of the Sunyani High Court dated 17th February 2012. At the High Court, Hannah Sarfo for herself and on behalf of her siblings named or unnamed in the indorsement, claimed against the defendants the following reliefs:
(a) A declaration that the plaintiffs, children of the late Opanin Kwadwo Fordjour and the late Kwabena Sarfo, are entitled to the enjoyment of the properties of their late fathers with their brothers and sisters including the defendants herein.
(b) An order of the honourable court apportioning the properties among the parties.
(c) An order of accounts from 31st January, 1995 to the final date of judgment.
(d) An order of perpetual injunction restraining the defendants, their agents, assigns etc. from interfering with the properties or in any way dealing with them.
The properties mentioned in relief(a) are listed in a schedule attached to the writ of summons. The properties consisted of eighteen (18) farms located at various places on the Kenyase (No.1) Stool Land and H/No.BA122, lying and situate at Bantama, Kumasi.
In the evidence of the plaintiffs/appellants, she gave the background to the claim. She is supported by three witnesses. Opanin Kwadwo Fordjour and Opanin Kwabena Sarfo were brothers of the full blood. The elder was Opanin Kwabena Sarfo but Opanin Kwadwo Fordjour pre-deceased him on 3rd March 1969. As the only children of their parents, their father Opanin Kwasi Nimo gave the house at Bantama, Kumasi to them. They jointly lived in and enjoyed the 16-room house in their life time.
Through their own industry they acquired the cocoa farms listed in the schedule jointly and enjoyed it as such. It is said they did everything common to the extent that they did not only live in the same house, they put on the same clothes or each other’s clothes and pulled the maintenance money for their wives together. Apart from being farmers, they were successful cocoa brokers and acquired several immovable properties jointly.
Thus when Opanin Kwadwo Fordjour died, Opanin Kwabena Sarfo inherited all the properties and similarly took up the responsibility of looking after the wives and children of the deceased. But one Abena Anane, aunt of the plaintiffs herein claimed all the properties listed herein except the Bantama house in a suit at the Sunyani High Court. The suit was dismissed for want of prosecution. Again Faustina Agyapong also known as Adwoa Serwaa prayed