2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Justice Georgina Mensah-Datsa, JA, with Justices Irene Charity Larbi, JA, and Yaw Darko Asare, JA, concurring) dismissed an appeal from the High Court, Sefwi Wiawso. The Appellant, an employee of SUHUMA Timber Company, sought title, possession, trespass damages, accounts, and an injunction over an unnumbered house at Kunziso, claiming he bought the plot in 1984 from stool authorities and built a nine-bedroom house, collecting rents until his wife, Abena Mae, died in 2008. The Respondent, a farmer and family head of Abena Mae, maintained the land and house belonged to Abena Mae through a gift from granduncle Nana Ebi, and that Appellant renounced interest after her funeral. Applying the rehearing standard for weight-of-evidence appeals, the court held the trial judge properly evaluated the evidence, noting Appellants lack of documentary proof (tenancy agreements, receipts), inconsistencies in his witnesses, and corroboration of family ownership. The appeal was dismissed and the High Court judgment affirmed.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Sefwi Wiawso dated 13th November, 2017 in favour of the Defendant/Respondent (hereinafter referred to as Respondent)
The grounds of appeal are as follows:
a. The judgment is against the weight of evidence.
b. The trial Judge arrived at the wrong conclusion in his judgment to the effect that the Plaintiff failed to introduce sufficient credible evidence to sustain his claim.
c. The trial Judge erred in holding in his judgment that the Plaintiff’s oral evidence to establish his ownership of the disputed property, thus [sic] how the plot of land was acquired and the disputed building constructed on it is largely fraught with inconsistencies.
d. The trial Judge also erred in his judgment by holding in his judgment that the disputed plot of land belongs to the Defendant’s family.
e. Additional grounds of appeal to be filed upon receipt of the record of proceedings.
The Plaintiff/Appellant instituted the action on 23/11/2011 against the Defendant /Respondent for the following reliefs:
1. A declaration of title to and recovery of possession of unnumbered house situated at Kunzinso bounded by the properties of Kwao, Nana Afua Sarpong and Afua Korkor.
2. General damages for trespass.
3. Account of rents collected by the Defendant beginning from 1st January, 2010 to date of Judgment.
4. An order of perpetual injunction to restrain the Defendant or his successors, Executors, Administrators, Workmen/ Servants, Agents and assigns from interfering with the Plaintiff’s ownership and enjoyment thereof.
The brief facts of this case are that Appellant is an employee of SUHUMA Timber Company at Sefwi Dwinase. The Respondent is a farmer at Sefwi Wiawso and the Head of Family of the late Abena Mae, the Appellant’s wife.
The Appellant’s case is that in or about 1984, he acquired a piece of a building plot from the late Kwadwo Mensah who was the Krontihere of Kunziso and the late Opanin Kwabena Dwaah elder member of Kunziso Stool and Nana Yaa Afora, the queen mother of Kunziso. He paid sixty Cedis ¢60.00 (old Cedis) which was the purchase price of the said land. He stated that during the negotiation for the land Nana Yaa Afora, queen mother of Kunziso, the late Nana Mensah, late Kwabena Dwaah, his late wife Abena Mae and he were present. He asserted that after he acquired the land, the late Kwadwo Mensa