KWAKU OPOKU & ANOR v. THERESA BADU YEBOAH & ANOR
2018
COURT OF APPEAL
GHANA
CORAM
- SENYO DZAMEFE
- K. N. ADUAMA OSEI
- MARGARET WELBOURNE (MRS.)
Areas of Law
- Probate and Succession
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arose from a property dispute between widows Theresa Badu Yeboah and Georgina Denkyi, and the late Anthony Owusu’s family representatives, over House No. Plot 62 Block CA at Anomangye, Kumasi. The widows asserted that Nana Kwadwo Addai alias Anthony Owusu self-acquired the parcel in 1975, built the house by 1982, lived there, and rented rooms; they acknowledged a second house at Plot 5 Block G, Mpatasie was for the extended family. The defendants claimed House No. 62 was family property acquired by their sister Akosua Yeboah and jointly constructed by siblings, with Addai as caretaker using family resources. The trial court declared House No. 62 self-acquired, ordered recovery of possession under section 4 of PNDCL 111, issued a perpetual injunction, and awarded damages and costs. On appeal, Justice Senyo Dzamefe, JA, for the Court of Appeal, rejected the unargued omnibus ground, held there was no requirement that both plaintiffs testify, found no breach of audi alteram partem, and dismissed the appeal in its entirety, affirming the trial judgment.
JUDGMENT
DZAMEFE, JA
The plaintiff/respondents hereinafter referred to as the plaintiffs issued this writ against the defendant/appellants also referred to as defendants for the following reliefs: -
1. A declaration that H/No. Plot 62 Block CA, Anomngye-Kumasi is the self acquired property of the late Nana Kwadwo Addai @ Anthony Owusu
2. Recovery of possession
3. General damages for trespass
4. An order for perpetual injunction restraining the defendants, their agents, servants and any persons claiming title through them from interfering with the deceased property in dispute.
The plaintiff’s are both widows of Late Nana Kwadwo Addai @ Anthony Owusu, 1st defendant the head of family of Anthony Owusu and 2nd defendant a member of the late Anthony Owusu family.
The plaintiffs aver in their statement of claim that their deceased husband died on 25th April 2006 and they applied for Letters of Administration together with one Kingsley Owusu. 1st defendant and one Samuel Owusu filed a caveat against the grant of the Letters of Administration but which was later removed subject to two properties being removed from the inventory. They are:
1. H/No. Plot 62 Block CA, Anomangye-Kumasi &
2. H/No. 5A Block G, Mpatasie-Ashanti.
The plaintiffs averred that the deceased husband was married to one other women, Madam Abena Ampong who is also deceased. The deceased husband in his life time run a business of brushes and his company is St. Anthony Brushes Product Company supplying brushes to District Assemblies.
They aver that in 1975 the deceased from his own resources acquired Plot No.62 Block CA from Odikro Nana Kwabena Dankah and by 1982 he had finished building this house at Anomagye, Kumasi. Throughout the deceased’s lifetime, he exercised acts of ownership and control over the said houseincluding renting some rooms out to tenants. The deceased built another house on Plot 5 block G at Mpatasie, his hometown, but which he handed over to the extended family.
The plaintiffs aver further that on 10th August 1982, the deceased husband was appointed the Abusuapanyin of his family deceased they averred accounted for all the family properties that came under his stewardship.
It is their case that upon the death of their deceased husband the defendant are claiming that the self-acquired property, H/No. plot 62 Block CA at Anomagye is their family property and have sought to eject the tenants put into occupation by the deceased. It is their claim that, that hou