2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Justice Gertrude Torkornoo JSC, allowed the appeal by Theresah Boakye (widow) and her son against the Court of Appeals decision that declared House No. J2 ( Kyerewaa Villa ) at Abenase near Oda to be family property of Maame Yaa Kyerewaa. The dispute concerned six plots (Nos. 3, 4, 5, 10, 11, 12) and the house built by the late Kingsley Kwadwo Boakye. Re-evaluating the record under the against the weight of evidence ground, the Court found PW1s testimony about a TDC allocation to Maame Kyerewaa materially inconsistent and negated by DW1, and held that Exhibit 1the 1983 receipt from the Abenase TDCwas authentic and from proper custody, creating a conclusive presumption of sale to Kingsley Boakye. Consequently, the land and house were his personal property; the widows joint interest was sustained under Article 22 and the couples joint financial dealings. The High Courts counterclaims were restored and the plaintiff brother was ordered to yield vacant possession.
TORKORNOO (MRS.) JSC:-
Background facts
The plaintiff/appellant/respondent is the brother of one Kingsley Kwadwo Boakye (deceased). The defendants/respondents/appellants are the widow and son of Kingsley Kwadwo Boakye (hereinafter referred to as Kingsley Boakye). The plaintiff sued in his capacity as brother and customary successor of Kingsley Boakye. The subject matter of the dispute is six plots of land situated in Abenase near Oda, with a house thereon numbered house No. J2, Abenase.
The parties are agreed regarding the location of the land, and the fact that the house in issue was built by Kingsley Boakye from resources that none of his mother's children contributed to. Beyond that, they disagree on who acquired the land on which the house is built, and the nature of Kingsley Boakye's interest in the house after he built it.
According to the Plaintiff/Respondent (hereinafter referred to as Plaintiff), the land was allocated to his mother Maame Yaa Anyanyan of Abenase (also known and referred to in this judgment as MaameKyerewaa) by the Abenase Town Development Committee (hereafter referred to as the TDC), in 1979, and that she made it clear at the time of obtaining the land that she wanted six plots of land because she had twelve children. Plaintiff states in his statement of claim that the 'said land remained the property of MaameKyerewaa to the notice of all', and at the time that Kingsley Boakye 'decided to construct a family house on the land in the lifetime of Maame Kyerewaa, he knew that it was land for his mother'. (emphasis mine)
It is also the position of Plaintiff in paragraph 15 of his statement of claim that Kingsley Boakyeopenly stated that he was 'building the house for his mother' and consequently named the building Kyerewaa Villa. Following these positions, Plaintiff urged thateven though Kingsley Boakyebuilt the house in dispute, he had only a life interest in the building, and it was family property. He claimed for:
A declaration that House No. J2 popularly called Kyerewaa Villa, Abenase near Oda is the property of the family of Maame Yaa Kyerewaa alias Maame Yaa Anyanyan (deceased)
Damages for trespass
Perpetual injunction to restrain the defendants, their agents, representatives and all privies from laying claim to the said house
The case of the Defendants/Appellants (Defendants) in their Statement of Defence was that the six plots of land in Abenase numbered Plots 3, 4, 5, 10, 11, and 12 were purchased by Kingsley Boakyeat