NANA ACHINA NUAMAH v. vs RICHARD APPIAH-NKYI
2016
COURT OF APPEAL
GHANA
CORAM
- E. K. Ayebi (Presiding), JA
- Gertrude Torkornoo, (Mrs.), JA
- Angelina M. Domakyaareh (Mrs.), JA
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case centers on a land dispute where the plaintiff, Richard Appiah-Nkyi, claimed plots of land granted by two elders, asserted to be ratified by the defendant, Nana Achina Nuamah V. The defendant disputed this, denying any ratification and claiming the elders had no capacity to make the grants. The trial judge determined that the defendant's actions post-grant amounted to ratification. The appeal court affirmed the trial court's findings, ruling the defendant ratified the grants and was estopped from denying it, and dismissed his counter-claims.
AYEBI, JA
1. This is an appeal against the judgment of the Circuit Court, KMA dated 4th November 2014 by the defendant, Nana Achina Nuamah V, Asuowinhene.
At the trial court, by an amended writ of summons, the plaintiff Richard Appiah-Nkyi claimed the following reliefs: (a) A declaration that plots Nos.
5, 6, 7, 8 Block “A” and 1, 6 Block “E” Twindurasi were granted to plaintiff in 1999 by Opanin Akwasi Addai alias Opanin Moro and Nana Etwi Kwaku and same endorsed or ratified by the defendant in 2002.
b) An order compelling the defendant to unconditionally issue allocation papers to the plaintiff in respect of Plots Nos.
5, 6, 7, 8 Block “A” and 1, 6 Block “E” Twindurasi.
c) Recovery of possession.
d) Perpetual injunction restraining the defendant, his agents, servants, privies or any person claiming through him from dealing in and or interfering with the plaintiff’s quite enjoyment of the plots.
2. Upon entering an appearance to the writ of summons, defendant denied the claim of the plaintiff in his statement of defence and counter-claimed as follows: (i) A declaration that the purported grant of plots nos.
5, 6, 7 and 8, Block A and 1, 6 Block E Twindurase allegedly granted to the plaintiff by Nana Etwi Kwaku was made without capacity and was void ab initio.
ii) Damages for trespass.
iii) Recovery of possession.
iv) An order for the demolition of the structure illegally constructed on the plots by the plaintiff and cost involved borne by the plaintiff.
v) An order for perpetual injunction restraining the plaintiff, his agents, servants and any person claiming title through him from interfering with the defendant’s property in dispute.
3. The undisputed facts as presented by the plaintiff is that the plots of land in dispute belong to the Assuowin Stool occupied by the defendant.
The plaintiff at the time was the acting deputy Registrar of the Kwame Nkrumah University of Science and Technology, Kumasi.
Nana Etwi Kwaku since deceased was the Odikro of Twindurase near Kotwi and caretaker chief of Assuowin before the enstoolment of the defendant as Assuowinhene.
Opanin Akwasi Addai alias Opanin Moro also since deceased, was the Ahwerewa Abusuapanin of Kotwi.
4. On 27th July 1999, the two elders Nana Etwi Kwaku and Opanin Akwasi Addai granted building plots Nos.
5, 6, 7, 8, Block “A” Twindurasi to the plaintiff.
Again, on 2nd August 1999, Nana Etwi Kwaku alone granted building plot No. 1, 6 Block E, Twindurasi to him.
They gave the pl