MARY GYAMFI v. NANA ADOM PUNI III
2016
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- G. TORKORNOO (MRS), J.A
- A. M. DOMAKYAAREH (MRS), J.A
Areas of Law
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case revolves around a dispute over land granted by the Ejisu Adedientem Stool for a poultry project, leading to a disagreement over the development and use of the land. The plaintiff/respondent sought possession and injunctions against the defendant/appellant, who counter-claimed for title and possession of the land. The trial court initially ruled in favor of the plaintiff, but on appeal, the decision was reversed. The appellate court found errors in the trial court’s invalidation of the allocation note, segmentation of the land, and application of limitation laws, ultimately ruling in favor of the defendant.
DOMAKYAAREH (MRS),J. A.
1. This is an appeal against the judgement of the Circuit Court, Juaben/Ashanti dated 27th July 2015 in which the Learned Circuit Judge gave judgment for the plaintiff/respondent herein.
The Facts of the case:
2. The plaintiff/respondent’s case:
The plaintiff/respondent [hereinafter referred to as plaintiff] instituted the action against the defendant/appellant [hereinafter referred to as defendant] in the Circuit Court seeking the following reliefs: -
a) Declaration that title to four plots situated and lying at Ejisu Adedietem bounded by the properties of WOFA GYIMAH, SISTER SERWAA, one landlord and MR MARFO is vested in the plaintiff’s stool.
b) Declaration that the defendant is liable to forfeit the said four plots grounds that the said defendant having breached the term of grant of the land [SIC].
c) An order for recovery of possession of the said four plots
d) An order of perpetual injunction restraining the defendant herein whether by herself, her agents, servants workmen assigns and all her privies from any further dealings with the four plots the subject matter of the instant action
The plaintiff’s case per his pleadings and the testimony in the court is that he is the Chief of Ejisu Adedietem. He brought the action on his own behalf and as the Head of Ejisu Adedietem Stool. The plaintiff averred that in about 1992 his Stool made a customary grant of six plots of land to the defendant to be used for a poultry farm project. The stool was then represented by NANA BADU with respect to the said alienation. The plaintiff averred that the defendant built two separate residential houses on two out of the six plots that were allocated to her for the purpose of undertaking a poultry project leaving four plots. The plaintiff stated that on being enstooled as the chief of Ejisu Adedietem in 2009, he and his Elders invited the defendant and told her that she had breached the terms of the grant to her by constructing the two houses on two of the plots. The plaintiff and his Elders further told the defendant that she should take the two houses she had already built and that they were demanding GH₵2000.00 each for the remainder of the four plots. The plaintiff further averred that, the defendant in the company of one of her children came and pleaded for six months to pay the GH₵8000.00 in respect of the four plots and this plea was accepted by the plaintiff and his Elders; that the defendant reneged on her promise to pay