KOFI ANANE STEPHEN v. MOHAMMED OPOKU GYAMFI
December 6, 2018
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU J.
Areas of Law
- Property and Real Estate Law
- Equity and Trusts
- Contract Law
- Evidence Law
December 6, 2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
In a High Court dispute between a father and son over Plot No. RP/22/A/19 at Tema, the son claimed that his father had gifted him part of the land to build after money he sent in 2004 for two plots was lost. The father denied any gift but admitted the son built the house while he owned the land. The court found no perfected gift under common or customary law, emphasizing the lack of aseda and third-party witnesses. Nonetheless, applying equitable licence principles, it held that the son owns the building he constructed with the father’s consent and knowledge. The father retains title to the land and may recover possession only after compensating the son for the building’s value within six months, failing which the building vests in the son. The father’s non-declaration claims and most of the son’s counterclaim were refused.
JUDGMENT
When a father and his son stand toe to toe in a legal contest, there must be something wrong somewhere. Such is the situation before me which I am unfortunately tasked to referee. The parties are litigating over a land which the Defendant alleges his father, the Plaintiff herein, gifted to him to develop for which he has since put up an uncompleted storey building. The Plaintiff denied ever making any such gift to the Defendant. It is this misunderstanding which has called me to duty this morning to pour oil on troubled waters.
The Plaintiff commenced the action in this court on 12th October 2016. The reliefs contained in the endorsement on his writ of summons are:
a. A declaration of title to the plot No. RP/22/A/19.
b. Damages for trespass.
c. Perpetual injunction restraining the Defendant, his workmen, privies and successors in title from interfering with the Plaintiff’s quiet enjoyment of his plot of land.
d. Costs including the professional fees of the Plaintiff’s lawyer.
On 21st October 2016, the Defendant caused Silas Osabutey of Soho Law Consult to enter an appearance and a defence on his behalf. The Plaintiff replied to it and an application for directions were taken on 26th January 2017. The following issues which were filed by the Plaintiff’s counsel were adopted:
a. Whether or not the Plaintiff has gifted his plot of land/uncompleted building, the subject matter of this suit to the defendant?
b. Whether or not the plot of land the Plaintiff acquired was for himself exclusively?
c. Whether or not all the title documents relating to the plot of land are in the name of the Plaintiff?
d. Whether or not the Plaintiff is entitled to his claims?
e. Any other issue (s) arising from the pleadings?
The Court, at the direction stage, directed the parties to file their witness statements for case management to be conducted. During the trial, the Plaintiff testified without calling any witness. The Defendant also gave evidence and called his mother, Theresa Frimpong, as his sole witness. It must be noted that on 12th April 2017, the Defendant’s original counsel withdrew his legal representation, thereby necessitating for the engagement of his current solicitor. It is often said that a new king comes with his new laws. Therefore, the new solicitor soon shifted gears and caused the defence of the
Defendant to be amended on 22nd June 2017. He included a counterclaim to the defence.
The Defendant asked for the following reliefs in his co