JANET ANSU OF SUNYANI v. AMMA AGYEIWAA OF TANOSO
2018
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU J.A (PRESIDING)
- HENRY A. KWOFIE J.A
- AMMA A. GAISIE J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
- Tort Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Amma A. Gaisie JA, reviewed an appeal by Kate Damoah from the Circuit Court at Duayaw Nkwanta, which had dismissed her claim and granted the opposing partys counterclaim in a long-standing boundary dispute on Tanoso stool lands involving areas referred to as Bogyanim and Nyetina. Damoah, a farmer, brought the action on behalf of herself and her maternal family, describing herself as caretaker of land originally acquired by her grand uncles, and alleged the defendant uprooted teak plants and encroached beyond an Onyina stump boundary. The Court of Appeal focused on capacity under Order 4 rule 9 of C.I. 47 and found that Damoah lacked the requisite authority, having neither served the head of family nor obtained authorisation under Order 4 rule 2. Relying on Standard Bank Offshore and Akrong v Bulley, the court held the writ was void ab initio, struck out the entire proceedings including the counterclaim, and made no order as to costs.
AMMA A. GAISIE J. A
This is an appeal against the judgement of the Circuit Court, Duayaw Nkwanta dated the 20th day of July 2016, by which His Honour Alexander Graham Esq. entered judgement for the Defendants.
By a Writ of Summons filed on 30th January 2004, the Plaintiff claimed against the Defendant the following reliefs:
a) A declaration of title to and recovery of possession of all that piece and parcel of land situated at a place commonly called“BOGYANIM” on Tanoso Stool Lands and bounded by the properties of Maame Yaa Kraah, Kwasi Duku, Kwaku Bekoe, Kwadwo Yeboah, Nana Appianim (Gyaasehene), Madam Adwoa Fomaa (deceased), Madam Akua Gyamea (deceased), River Tongurosua, Kofi Num (deceased), Amma Mansah (deceased), Koradaso stream and Nana Gyamfi Kumanim (deceased).
b) General damages for trespass.
c) Perpetual injunction restraining the defendant, her agent, assigned workmen or anybody claiming through her from interfering or dealing with said land.
d) Special damages representing the cost of the teak plants destroyed by the defendant.
Defendant in her Amended Statement of Defence counterclaimed as follows: a) A declaration of title and recovery of possession and ownership of all that piece or parcel of land situated at a place called “Nyetina” on Susuanso stool land and sharing common boundaries with the respective properties of Madam Adwoa Donkor, Akosua Nyankomango (both of whom occupy portions of the land of Kwaku Anane, a portion of which was carved out for the Defendant’s mother), Kwadwo Nkrumah alias Togbe and the “Koradaso stream”. b) General damages for trespass.
c) An order of perpetual injunction restraining the Plaintiff, her agents etc from in any way alienating, interfering or dealing with the land specifically described in paragraph (a) supra.
In her Amended Statement of Claim filed on 6th June 2006, Plaintiff states that she is a farmer and a native of Tanoso and she brings this action on behalf of herself and her maternal family.
Plaintiff also avers that she is the caretaker of the land.
The Plaintiff’s case is that the land in dispute is part of a large tract of land that was acquired in its virgin state by her grand uncles Kofi Boaten, Kwadwo Asubonteng and Kwame Bediako who are all deceased.
Plaintiff averred that the land is situate at a place called “BOGYANIM” on Tanoso Stool Lands and are bounded by the properties of Maame Yaa Kraah, Kwasi Duku, Kwaku Bekoe, Kwadwo Yeboah, Nana Appianim (Gyaasehene), Amma Mansah (dec