Kwadwo Obiri Yeboah and Ama Sakam v. Kofi Boadu
2018
COURT OF APPEAL
GHANA
CORAM
- Mariama Owusu, J.A. (Presiding)
- Henry A. Kwofie, J.A.
- Amma A. Gaisie, J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case is a property and real estate dispute regarding land ownership between Plaintiffs and the Defendant, originating from a Circuit Court judgement in Bekwai, Ashanti. The Plaintiffs claimed historical ownership of a land parcel, while the Defendant contested, claiming it was his family's property. The trial court ruled in favor of the Plaintiffs, which led to the Defendant's appeal. The Court of Appeal evaluated the evidence, prior judgments, and boundary delineations, ultimately dismissing the appeal and affirming the trial court's decision based on the balance of probabilities that supported the Plaintiffs' claims.
AMMA A. GAISIE J. A:
This is an appeal against the judgement of the Circuit Court, Bekwai, Ashanti dated 31st January 2017 by which His Honour Frederick A. W. R. Nawurah Esq. entered judgement for the Plaintiff/Respondents.
For the purposes of this appeal the Plaintiffs/ Respondents will be referred to as the Plaintiffs and the Defendant/Appellant will be referred to as the Defendant.
The Plaintiffs’ claim was for the following reliefs: “a) A Declaration of title and ownership of a parcel of land situated at a place commonly known as “Kyekyewere” at Besease on Bekwai Stool Land and having common boundaries with the properties of Kegyase Odikro (Nana Okure Panin)featured with the Mprakyem stream, Ntome and the Kokooko stream, the property of Kwadwo Bio featured with the Kokooko stream and the Asuokoo stream, the property of Akua Boame featured with the Asuokoo stream, the property of Kwaku Anto featured with the Asuo stream and the Nsumeguo, and the property of Oppong Agyare featured with the Asiaa tree, Yaya tree, Dua Kokote and the Mprekyem stream; b) Recovery of possession to that piece or parcel of land as described in relief “a”; c) General damages against the Defendant for trespass; and d) Perpetual injunction to restrain the Defendant, his assigns, relations, agents, workmen and any other interested person(s) claiming through them. ”The Plaintiffs’ claim from the pleadings is that it was their grandfather, Yaw Nnuro, who first acquired the land in dispute, the Kyekyewere land at Besease on Bekwai Stool Land in its virgin state.
The said Yaw Nnuro grew cocoa on the disputed land and later on foodstuffs when the cocoa withered.
The Plaintiffs traced the line of succession after the death of Yaw Nnuro until the land devolved on the Plaintiffs herein.
The Plaintiffs claim that they have survived on the land for over 75 years while their predecessors survived on the land for over 300 years.
The Plaintiffs state further that in the year 1996, the Odikro of Jonjoso, also called Nana Okure Panin, trespassed onto the disputed land and started making adverse claim over the land.
Subsequently, Nana Okure Panin sued the Plaintiffs in the Circuit Court in Suit No. LC 23/96 but a judgement was given in favour of the Plaintiffs.
Nana Okure Panin appealed against the decision of the Circuit Court in the Court of Appeal but the appeal was dismissed and he left the land.
Another woman called Akosua Donkor also sued the Plaintiffs over the disputed land in Su