March 31, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arose from a land dispute over a cocoa farm at Afieeho (Aniantentem) on Akwamu Stool land. The Respondents, Kwabena Owusu Ansah and Kwaku Darko, claimed their late father, Opanin Kwadwo Fordwour, acquired virgin forest, cultivated it for roughly eighty years, built a cottage, and, before death, gifted the land and his property to his wife and children with “aseda.” They alleged trespass, threats, and harvesting by the Appellants. The Appellants, split into two family groups, denied the claims, alleged Fordwour was blind and mentally unsound, and asserted ownership based on their ancestor Kofi Mensah and a gift from the Asantehemaa, respectively. The High Court entered judgment for the Respondents, including declarations over three parcels shown on Exhibit CE1, relying on possession and acts of ownership. On appeal, the Court of Appeal, applying rehearing principles, affirmed, holding that unchallenged evidence established a valid customary gift, the trial judge could grant reliefs supported by the record, and long possession raised a presumption of ownership.
DOMAKYAAREH (MRS.), JA:
[1] We have before the court, an appeal against the judgment of the High Court, Kumasi dated 26th April, 2018. In this judgment, the Defendants/Appellants will be referred to as the Appellants while the Plaintiffs/Respondents will be referred to as the Respondents.
[2] On 6th December, 2005, the Respondents issued a Writ of Summons, accompanied by a Statement of Claim in which they claimed the following reliefs jointly and severally against the Appellants.
RELIEFS:
(a) A declaration of title, possession and occupation of a piece or parcel of land situate at a place called “Afieeho” (Opanin Kwadwo Fordwour’s cottage called “Aniantentem” on Akwamu Stool Land and bounded on all sides by the properties of Opanin Kwame Anini of Bebu (deceased); Opanin Mensah (deceased) of Atwema Darko and Opanin Kwasi Kwarteng of Mpasatia (deceased).
(b) General damages for trespass.
(c) An Order for Perpetual Injunction restraining the Defendants, themselves, their agents, servants and/or workmen from anyway interfering with the enjoyment of the Plaintiffs.
[3] On 22nd December, 2005, the Appellants filed their Statement of Defence and counter-claimed as follows: -
COUNTERCLAIM:
a. A declaration that all that piece and parcel of land which is the properties of the late Kofi Mensah’s family and the Yaa Nyamekye’s family which said land the Plaintiffs are occupying and farming on it even though the Plaintiffs have no land at the place or at all.
b. Recovery of the said land in dispute.
c. General damages.
d. Perpetual Injunction restraining the Plaintiffs, their assigns, customary successors, agents, workmen and indeed all others who claim title through them from in any way trespassing or interfering with the enjoyment of the land in dispute by the Defendants.
FACTS OF THE CASE:
The basis upon which the parties made their respective claims and counter-claims are as follows:
FOR THE RESPONDENTS:
[4] From their Statement of Claim, the Respondents averred that they are the children of Opanin Kwadwo Fordwour of Darko (deceased) and they brought the action for themselves and on behalf of their brothers and sisters begat with their mother Obaapanin Adwoa Manu of Atwima Bontefufuom (deceased). The Respondents also averred that their late father acquired the land in dispute as a virgin forest and cultivated same into a cocoa farm with his wife (their mother) and children over 80 years ago. The said land is bounded by the properties of Opan