KWASI AFUKAA v. ADWOA BEMA
2004
COURT OF APPEAL
GHANA
CORAM
- ARYEETEY, J.A. [PRESIDING]
- ASARE–KORANG, J.A.
- PIESARE, JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On appeal from the Sefwi Wiawso High Court, the Court of Appeal (per Asare-Korang, JA) upheld a judgment granting a declaration of title and injunctive relief over land on the Sefwi Ahwiaa stool land to the respondent farmer who had earlier cultivated cocoa at the site known as Kwasi Afukaakrom. Boundary evidence identified the Aboabo stream as a boundary feature separating his parcel from the late Kofi (Kwame) Mensah’s land, and neighboring lands of Kwabena Agyebeng and Kwasi Aha. The appellant contended the land was Mayebonikrom, traced traditional possession to her brother, Kwasi Asante, and relied on a rejected CDR arbitration report; she offered inconsistent boundary descriptions and called no witnesses. Applying Akufo-Addo v Cathline, Lamptey v Fanyie, Section 11(4) of the Evidence Decree, and Nuamah v Adusei, the Court reweighed the record, found the respondent’s boundaries consistent, treated the stream as a boundary feature, and concluded the dispute was about title, not mere boundaries. The appeal was dismissed.
JUDGMENT
ASARE-KORANG, JA.
This is an appeal by the Defendant/Appellant against the decision of the Sefwi Wiawso High Court wherein judgment was entered in favour of the Plaintiff/Respondent who had sued the Defendant/Appellant for a declaration of title to a piece of land situate on Sefwi Ahwiaa Stool Land, damages for trespass and an Order of perpetual injunction restraining the Defendant, her against, workmen, family members etc. from entering the said land.
In this statement of claim the Plaintiff/Respondent described the land as being at a place known as Afukaakrom and bounded by one Kofi Mensah’s secondary forest land: Kwabena Gyabeng’s (deceased) secondary forest land and the land of Kwasi Ahia.
In his evidence in chief, the Plaintiff/Respondent stated his boundary owners as his late granduncle Kwabena Gyabeng, Kwasi Aha and the Aboabo stream and he added that the land of the late Kofi Mensah was on the opposite side of the Aboabo stream.
The Plaintiff/Respondent testified that he acquired a piece of forest land at Sefwi Ahwiaa at a place called Kwasi Afukaakrom and planted Cocoa thereon.
Subsequently the Cocoa trees withered and apparently died as the land turned into a secondary forest. Portions of the land have been reactivated Cocoa and oil palm trees thereon. There is an uncultivated portion of the land which is the subject-matter of this appeal.
The boundary owners stated by the Plaintiff/Respondent in his evidence were Kwabena Gyabeng, Kwasi Aha and the Aboabo stream. He said further that he shared boundary with one Kofi Mensah whose land was on the opposite side of the Aboabo stream. The boundary owners, Kofi Mensah and Kwasi Aha had died and their respective relatives had taken possession of their land. In support of his case the Plaintiff/Respondent called two boundary owners. The first witness was the customary successor of Kwabena Gyabeng and the second was the granddaughter of Kwame Mensah. It seems it was this Kwame Mensah that the Plaintiff/Respondent named as Kofi Mensah.
The plaintiff/Respondent’s first witness stated that he used to assist his predecessor Gyabeng on his land and in doing so he saw the Plaintiff/Respondent also working on his land.
In her evidence, the Plaintiff’s second witness stated that the boundary owner Kwame Mensah (deceased) was her grandfather and she was in possession of her grandfather’s land. She asserted, in effect, that the Aboabo stream lies between her land and Plaintiff/Respondent’s Land.