MRS CHRISTIANA EDITH, AGYAKWA ABOA v. MAJOR KEELSON (RTD) & ORS

JONES DOTSE JSC:

This an appeal by the Defendant/Appellant/Appellant in both consolidated suits, hereafter referred to as the defendant against the judgment of the Court of Appeal, dated 3rd April, 2008 in favour of the Plaintiffs/Respondents/ Respondents in both cases, hereafter referred to as the plaintiffs.

The plaintiff in Suit No. 81/92 is the daughter of Odikro Kwabena Agyakwa now deceased, who was the leader of a group of farmers who purchased land from the Akim Abuakwa and Begoro stools. The portion of land in respect of which (his daughter) the plaintiff herein instituted the action is the portion of land that was apportioned to her late father. Portions of the land which Odikro Kwabena Agyakwa purchased with members of the syndicate and which was apportioned to him formed part of the land that he later sold to a group of Krobo farmers led by one Kwesi Ghartey a.k.a Kwesi Photo or Photo Kwesi. The defendant herein is the customary successor of the said Kwesi Ghartey.

The plaintiff’s in suit No.L20/92 are the children of members of the syndicate of Krobo farmers who purchased portions of the land from Kwabena Agyakwa and in turn apportioned the said land to members of the group including Kwesi Ghartey, who facilitated same.

The allotment to Kwesi Ghartey seems therefore to be a just recompense for his services in ensuring the purchase of the land by the Krobo farmers, whose parents are the predecessors of the plaintiffs herein.

GENESIS OF THE ACTIONS

SUIT NO L 81/92

The plaintiff, a surviving daughter of Kwabena Agyakwa, claimed that her late father and a group of other farmers in or about 1924, after the purchase of the land from the Akim Abuakwa and Begoro stools, had his own portion of land allotted to him as did other members of the group.

After the purchase and allotment, Kwabena Agyakwa was reported to have sold portions of his land to a group of Krobo farmers led by Kwesi Ghartey.

The portions of Kwabena Agyakwa’s land which remained after the land transactions between him and the Krobo farmers were customarily gifted by him to his children. The plaintiff therefore described the said parcels of land as schedules A & B.

On the other hand, the defendant claimed that his uncle the late Kwesi Ghartey purchased a large parcel of land comprising an acreage of about 1,052.52 of land from the plaintiffs’ father, Odikro Kwabena Agyakwa. The defendant therefore claimed the entire portion of land as belonging to this late Uncle, Kwesi Ghartey