KWAME ADUAH & ANOTHER v. OPANIN PAUL DOWUONA HAMMOND
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI (PRESIDING), JA
- IRENE C. LARBI, (MRS.), JA
- ANGELINA M. DOMAKYAAREH (MRS.), JA
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellate court upheld the trial court's decision, ruling against the defendants' appeal. The main issues revolved around the ownership of two cocoa farms, with the trial court having ruled that the first farm was family property and the second was the personal property of the late Asumaning, to be distributed according to PNDC Law 111/85. The appeals court found that the trial court's conclusions based on both primary facts and documentary evidence were sound, dismissing claims that the judgment was against the weight of evidence. Established legal principles included the standards of proof in civil cases and the treatment of family property under customary law.
JUDGMENT
AYEBI, JA
1. This is an appeal against the judgment of the Circuit Court, Goaso dated 14th September, 2012. At the trial court, the plaintiff/respondent after obtaining an order joining Nana Appiah Kubi of Ayomso as 2nd defendant, amended the writ of summons and statement of claim. Thereon he claimed against the defendants jointly and severally as follows:
(a) A declaration that all that piece and parcel of land/cocoa farm at Nsuansa on Ayomso stool land and bounded by the properties of Opanin Kuma, Berefo, Osabotey, Acheampong, Kwadwo Nare, Omans and Ayi Kwasi is the plaintiff’s family property.
(b) A declaration that the cocoa farm at Nsuansa on Ayomso stool land and bounded by the properties of Kwadwo Brefo, Akosua Manu and Kwadwo Kokroko was the personal property of Asumaning and following his death same should be shared according to the provisions of PNDC Law 111/85.
(c) A declaration that any attempt by the co-defendant (2nd defendant) to lay adverse claim to the farm described in paragraph (b) or anywhere is null and void.
(d) Recovery of possession and ownership of the farm described in paragraph (a) supra.
(e) An order for accounts for the cocoa harvested unlawfully from the farms described in paragraphs (a) and (b) supra from 1999 up to the final date of judgment.
(f) General damages for trespass to the land described in paragraphs (a) and (b) supra.
(g) An order of perpetual injunction to restrain the defendants, co-defendants, their agents etc. from laying absolute claim or adverse claim to the farms described in paragraphs (a) and (b) supra.
(h) And/or in the alternative:
A declaration that by virtue of the provision in PNDC Law 111/85, the plaintiff as the customary successor or (sic) Asumaning and Akwa is entitled to a portion of the cocoa farm at Nsuansa on Ayomso stool land described in paragraph (a) supra.
2. The 2nd defendant described as co-defendant upon service on him of the amended statement of claim, counter-claimed for:
(a) A declaration that the cocoa farm at Nsuansa on Ayomso stool land and bounded by the properties of Kwadwo Brefo, Akosua Manu and Kwadwo Kokroko is the property of the Ayomso stool.
(b) An order of perpetual injunction restraining the plaintiff, his agents, workmen and assigns from in any way interfering with the co-defendant and Ayomso stool’s title and possession of the cocoa farm described in (a) above.
3. At the end of an eight-year trial, the Circuit Judge in the judgment delivered