KOJO AKYER v. KOFI YAW
2019
COURT OF APPEAL
GHANA
CORAM
- JUSTICE IRENE C. LARBI (MRS), J.A. (PRESIDING)
- JUSTICE L. L. MENSAH, J.A.
- JUSTICE ANGELINA M. DOMAKYAAREH (MRS), J.A
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a dispute between two brothers over land and a building at Gomoa Akropong. The High Court initially ruled in favor of the Defendant, who claimed ownership based on financial contributions and remittances. The Plaintiff appealed, raising various procedural and evidentiary issues. The appellate court upheld the trial court's decision, concluding that the Defendant's evidence was more credible and supported by documentation, despite minor procedural shortcomings with the Power of Attorney. The Plaintiff's claims were found to be inconsistent and unsupported by clear evidence, leading to the dismissal of the appeal and affirmation of the Defendant's ownership.
J U D G M E N T:
LAWRENCE L. MENSAH, J.A.
This is an appeal against the judgment of the High Court Agona Swedru, dated 21st July, 2017 by the Plaintiff/Appellant who will be referred in this judgment as the Plaintiff in favor of the Defendant/Respondent who will be referred to as the Defendant. The appeal is about a parcel of land at Gomoa Akropong with a seven bedroom storey house thereon which the parties are fighting over. The parties are uterine brothers, but from different fathers.
It is the case of the Plaintiff that in 2004, he acquired a parcel of land at Gomoa Akropong from the Nsona family of Gomoa Aboso represented by Opanyin E. K. Assan. A receipt was issued to evidence the transaction. A site plan, indenture and a building plan were made at the behest of the Plaintiff.
In 2005, the Plaintiff said he sold his taxi cab to commence the construction of the disputed house. He engaged masons and carpenters to put up the house which he roofed in 2007. It was after roofing the building that he had a chat with the Defendant who was then in Israel, about his building. The Defendant offered to assist in the construction so that if he was in Ghana, he would get a place to lodge. Plaintiff agreed with Defendant. In his contribution to improving upon the building, the Defendant sent money from Israel to the Plaintiff so that the wooden frames of the windows at the frontage of the house was replaced with aluminium and glasses.
A further case of the Plaintiff is that late in 2008, the Defendant started remittances to him amounting to a total of GH¢18,000.00. From this amount, Plaintiff was to pay the school fees and the upkeep of Defendant’s son who was then living with the Plaintiff and part of the money to effect the changes in the building aforesaid. The changes effected from Defendants GH¢18,000.00 was one glass door and six windows. When Defendant returned from Israel, he bought oil paints to paint the house and some tiles for the floor, and wall the house. Defendant also paid for the electricity connected to the house.
Plaintiff said the Defendant completely rejected the fact that he had offered to assist he the Plaintiff to put up the disputed house and claimed same as his own self-acquired property. Plaintiff therefore instituted action at the court below against the Defendant, praying for the following reliefs:
1. Declaration of title to a piece or parcel of land situated at Akyereburom.
2. Recovery of possession.
3. Declaration that Plai