Louis Jones Krofa v. Barima Amoako-Ntim II & ANOTHER
2022
COURT OF APPEAL
GHANA
CORAM
- Sowah, J.A. (PRESIDING)
- Oppong, J.A.
- Mensah-Homiah, J.A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal case arises from a land dispute over two plots at Koradaso near Begoro. The plaintiff/respondent asserted the land forms part of a tract first cultivated by Ohemaa Anka and held by the Anka family, and that he acquired the plots in 2006 through a customary grant from Felicia Kesewaa, acting with the head of family and other principal members. He possessed the land, even after the Electricity Company of Ghana erected high-tension poles. The 1st defendant, the chief of Koradaso, claimed stool authority and sold the land to the 2nd defendant, who asserted a 99-year lease from 2016 and sought registration. The Circuit Court found the plaintiff’s grant valid and dismissed the defendants’ counterclaim. On appeal on the sole ground that the judgment was against the weight of evidence, the appellate court reviewed the record, upheld the trial court’s findings, confirmed the Anka family’s usufructuary interest limiting stool alienation, rejected unproven fraud allegations, and affirmed, awarding GH¢10,000 costs.
SOWAH J.A.
The Circuit Court, Koforidua entered judgment for the plaintiff/respondent herein on 21st April 2021 in respect of two plots of land situate at Koradaso near Begoro and dismissed the counter-claim of the defendants. This appeal is by the defendants/appellants. The Notice of Appeal was filed on 1st June 2021
Hereafter the parties will be referred to by their designations at the trial court.
Facts
The case of the plaintiff was that the land in dispute is part of a large tract of land which was first cultivated by Ohemaa Anka (deceased) and has remained in the possession of the Anka family. He purchased the portion in dispute in 2006 from Felicia Kesewaa, a daughter and successor of Madam Anka. The sale was renegotiated and regularized by the head of family with the consent and concurrence of other principal members. He went into possession without disturbance until the Electricity Company of Ghana erected high tension poles thereon. The company acknowledged his written protests. He dumped sand and stone on his property preparatory to developing it but the 2nd defendant also dumped sand and stone on a portion, claiming that the 1st defendant had sold the portion to him. Hence his writ of summons filed on 20th July 2017 for declaration of title, recovery of possession, general damages for trespass and perpetual injunction.
The 1st defendant is the chief of Koradaso where the disputed land is situate but he is not a member of the Anka family. His case is that the land is stool land so he had every right to sell it to the 2nd defendant which was done with the consent and concurrence of his elders.
The 2nd defendant said that the land was leased to him for 99 years in 2016 and he took possession. He has submitted his lease documents for stamping and registration.
The defendants counter-claimed for “A declaration of his leasehold of 99 years and ownership of the land”, perpetual injunction and damages for trespass
Decision of trial court
The trial court heard evidence from the plaintiff and two witnesses as well as evidence of the1st defendant’s attorney and DW1
From the evidence adduced, the learned trial judge set down the following as the real issues in controversy:
1. Whether or not the subject matter of this suit is Akyem Koradaso stool land
2. Whether or not the Anka family of Akyem Koradaso has any interest in the land in dispute
3. Whether or not the plaintiff obtained a valid grant of the land from the Anka family of Koradaso
4