December 14, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Kulendi JSC, delivered a unanimous decision dismissing the appeal by the executors of the late Regina Coleman’s estate over House No. B59, Mfuom Road, Dunkwa-on-Offin (also known as D128 and EMA/3/2 High Street). The Appellants contended that their father, S.B. Coleman, only pledged the house to moneylender M.E.K. Wireko, while the Respondents maintained that S.B. Coleman sold it by private treaty around 1980, after mortgaging it to Barclays Bank and defaulting. A key tenant witness, Helena Amponsah (DW1), testified Coleman told her he sold the house to Wireko and that Wireko thereafter acted as landlord. The Court held the sole ground of appeal was vague under Rule 6(5), refused to disturb concurrent lower court findings, and found the action was statute-barred under section 10(1) of NRCD 54 since Appellants knew of Respondents’ adverse claim by 1987 but sued in 2012. On the merits, the evidence showed a sale, not a pledge; laches and acquiescence further barred relief. Costs of GH¢30,000 were awarded against the Appellants.
KULENDI JSC:-
INTRODUCTION
By a unanimous decision on the 14th of December, 2022, we dismissed in its entirety, the appeal by the Plaintiffs/Appellants/Appellants (hereinafter called the Appellants) and reserved our reasons, which we hereby give.
The said appeal is against the judgment of the Court of Appeal dated 25th July, 2016, which affirmed a judgment of the High Court dismissing the Appellants’ claim to house No. B59 Mfuom Road, Dunkwa-on-Offin and upholding the Defendants/Respondents/Respondents’ (hereinafter called the Respondents) counterclaim to the property.
BACKGROUND
The Appellants filed a writ of summons at the registry of the High Court, Cape Coast on the 16th of April, 2012 against the Respondents, seeking the following reliefs:
1.A declaration that House Number B59 Mfuom Road, Dunkwa-on-Offin is the bona fide property of the late Mrs. Regina Coleman;
2.An order for cancellation of the purported sale of the said No B59 Mfuom Road, Dunkwa-on-Offin to the 1st Defendant by the late S.B. Coleman;
3.Recovery of possession of the said No. B59 Mfuom Road, Dunkwa-on-Offin and
4.Perpetual injunction restraining the defendants, their agents, servants, workmen, personal representatives, executors, administrators and assigns, from having anything to do with No. B59 Mfuom Road, Dunkwa-on-Offin.
The Respondents in an Amended Statement Defence also counterclaimed against the Appellants jointly and severally as follows:
I.“A declaration of title in favour of the 2nd Defendant in the piece or parcel of land with TWO STOREY House thereon, variously numbered B59 and D128 in the 1970s and 80s and currently as EMA/3/2 High Street, Dunkwa-on-Offin, which was registered at Lands Registry, Kumasi as 970/1973 originally in the name of Samuel Busumpim Coleman;
II.A declaration that any Order by the High Court stating that the said TWO STOREY House with current No. EMA/3/2 High Street, Dunkwa-on-Offin forms part of the estate of Mrs. Regina Coleman (deceased) is a nullity as the said parcel of land with Two storey building thereon has been the property of the 2nd Defendant since 1st defendant acquired it in or about 2nd November, 1980 (sic);
III.General damages against Plaintiffs for instituting this vexatious suit;
IV.Costs, including the cost of defending this suit.”
In the Statement of Claim filed on behalf of the Appellants, they alleged that the land in dispute was originally purchased by A.B Coleman and I.B Coleman, siblings of Appellant’s father