JOSEPH NKRUMAH v. AKUA YEBOAH
2004
COURT OF APPEAL
GHANA
CORAM
- Aryeetey, J.A. [Presiding]
- Aninakwah, J.A.
- Quaye, J. A
Areas of Law
- Alternative dispute resolution
- Civil Procedure
- Property and Real Estate Law
- Tort Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Aninakwah, J.A., dismissed Akua Yeboah’s appeal from a Circuit Court judgment concerning farmland at Bangromisea on Sefwi Benchemaa Stool land. The Asona Family head, successor to his late uncle Yaw Bour, had secured a Circuit Court judgment confirming a customary arbitration conducted by the chief and elders of Sayerano, who inspected the land and announced an award against Yeboah after hearing both sides. Yeboah resisted the award, attempted an appeal to the Omanhene of Sefwi Wiawso, and advanced multiple appellate grounds, including weight of evidence and distinctions between enforcement, arbitration, and traditional adjudication. The Court of Appeal held that the second Sayerano proceeding satisfied all essential features of customary arbitration, binding the parties and operating as res judicata. It affirmed that voluntary submission estops relitigation, rejected vague misdirection grounds under appellate rules, and declined to disturb supported concurrent findings, thereby upholding the Circuit Court’s grant of reliefs and dismissal of the appeal.
JUDGMENT
ANINAKWAH, J.A.
This is an appeal against the judgment of the Circuit Court Takoradi dated 20th March, 2002.
By the said judgment, the trial judge granted to the plaintiff/Respondent (hereinafter referred to as plaintiff) all the reliefs endorsed on his writ of summons.
The plaintiff launched this claim at the said Circuit Court for:—
(a) Declaration of title to all that piece and parcel of land situate at Bangromisea on Sefwi Benchemaa Stool land bounded by the Lands of Opanin Yaw Bour (deceased) Akua Yeboah (the Defendant), Kwaku Owusu, (deceased) Kwame Fiakye (deceased) Maame Kwatemaa (deceased) and Kojo Bossompem.
The plaintiff’s case is that he is the head of the Asona Family of Sayerano— Sefwi and Customary successor to his uncle Yaw Bour (deceased) who died in 1998, and brought this action in that capacity.
Plaintiff's uncle who, in his lifetime, was the head of his family, and customary successor to his predecessors, had possession and control of the family properties. These properties were covered by an inventory taken on the 31st May 1995 at Sayerano.
The farm land subject matter in dispute was included in the said inventory which was tendered in evidence in this case as Exhibit 'B'.
It is part of plaintiff's case that after the death of his said uncle, the properties listed in Exhibit 'B' devolved upon him by succession.
Thereafter he went onto the land in dispute to cultivate same, but defendant/appellant (hereinafter referred to as Defendant) and her brothers and sisters prevented him from so doing, and made adverse claims to the land through their late father Kwaku Fuakye who was a member of plaintiff's family and one of his predecessors. Consequent upon the misunderstanding that arose between the plaintiff on the one side and the defendant and her brothers and sisters on the other side, the latter summoned the plaintiff before the chief of Sayerano.
After a panel had gone into the complaint, the defendant and her brothers and sisters were found liable. They were asked to pacify the defendant with a fine of ¢20,000.00 and one bottle Schnapps. Plaintiff by a show of paternal affection, having succeeded defendant's said late father accepted just the bottle of Schnapps. The chief and his elders then pleaded with plaintiff to release the land in dispute to the defendant and her brothers and sisters but plaintiff refused to do it. Eventually it was decided that the land which had brought the dispute be demarcated. When the elde