MAD. ABENA DONKOR v. NANA KOFI AMPONSAH

AMMA A. GAISIE J.A: This is an appeal against the Ruling of the High Court, Sunyani dated 8th June, 2015 which stayed the execution of the earlier judgement of the High Court, Sunyani, differently constituted, dated 24th October, 2014.

BACKGROUND / FACTS The facts of this case as can be gleaned from the judgement of 24th October, 2014 are as follows.

On 20th January, 2008 the Plaintiff/Appellant issued a Writ of Summons against the Defendant claiming the following reliefs: (a) A declaration of title to plot No.

SNT 190B/4 New Town and the building thereon. (b) An order of perpetual injunction to restrain the Defendant, his agents, assigns etc.

from dealing in any way whatsoever with the Plaintiff’s portion of plot No.

190/4. (c) General damages for trespass.

The Plaintiff’s case is that it was her great grandfather, Nana Kwame Amponsah, the Chief of Dumase who acquired the entire plot numbered 190/4, New Town, Sunyani.

Plaintiff’s mother, Akua Krah, was the only daughter of Akua Forkuo, one of the two siblings of Nana Kwame Amponsah.

Akua Forkuo, Plaintiff’s grandmother was a wealthy cocoa farmer whose cocoa farm at Yamfo was given to Akua Krah her daughter, Plaintiff’s mother, on her death.

Akua Krah used the proceeds from her mother’s cocoa farm to have constructed for her a house on a portion of Plot No.

190B/4, which Nana Kwame Amponsah had gifted to her.

The house was built but Akua Krah predeceased Nana Kwame Amponsah and on her death, that portion of the land together with the house was given to Plaintiff who has been in possession, renting the vacant portion in front of the house to tenants without accounting to anyone.

Other portions of the land have been given to other family members who have since been in effective possession of their various portions.

The Defendant is the current occupant of the Dumase stool, having succeeded Nana Kwasi Amoako who succeeded Nana Kwame Amponsah.

It is the Defendant’s case that his predecessor Nana Kwame Amponsah acquired the Plot No.

190B/4 and built various houses from the portion of the house which he agreed to be given to the Plaintiff, Plaintiff did not own any other portion or space of the plot acquired by Nana Kwame Amponsah.

He states that he lays no claim to the portion built upon by his predecessor and given to the Plaintiff.

However, on his enstoolment he decided to build in the open space to complete his predecessor’s vision and called a family meeting to announce his plans.

At the c