NANA KORKOR NTIM v. STEPHANIE ANSAA OPARE
2022
SUPREME COURT
GHANA
CORAM
- YEBOAH CJ (PRESIDING)
- PWAMANG JSC
- KOTEY JSC
- AMADU JSC
- PROF. MENSA-BONSU (MRS.) JSC
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
A Supreme Court panel presided over by Chief Justice Anin Yeboah and authored by Prof. N. A. Kotey JSC allowed Nana Korkor Ntim’s appeal from the Court of Appeal’s affirmance of a High Court order striking out her 2016 land suit as statute‑barred. Ntim, queen mother of Kitase and of the Asona royal family, sought declaration, damages, recovery, and injunction over Kitase‑Akuapem land; the respondent claimed a 2001 purchase from Viola Jones and possession via a piggery and wall. The High Court, after a composite plan and submissions, summarily found adverse possession and limitation, and the Court of Appeal said facts were uncontested and procedure proper. The Supreme Court held limitation could not be decided summarily because accrual and adverse possession dates were not admitted or proved; failure to reply was not admission; the surveyor’s testimony did not establish when possession began or when Ntim became or should have become aware. The case was remitted for a fresh trial.
KOTEY JSC:-
INTRODUCTION
This appeal is instituted against the unanimous judgment of the Court of Appeal, Koforidua, dated the 16th of December 2020, which affirmed the decision of the High Court dated 19th Day of July 2019, striking out the suit therein as disclosing no reasonable cause of action since the action initiated by the Appellant was statute-barred. The Plaintiff /Appellant/Appellant (hereinafter the Appellant), dissatisfied with the decision of the Court of Appeal, has brought the instant Appeal to this Court. The Defendant/Respondent/ Respondent will hereinafter be referred to as the Respondent.
BACKGROUND
The Appellant commenced an action at the High Court, Koforidua, by an amended writ of summons and amended statement of claim filed on 13/05/2016 against the Respondent for the following reliefs
1. Declaration of title to a piece or parcel of land at Kitase-Akuapem bounded on the Southwest by Aburi – Accra motor road, on the North- West by Springfield Avenue, on the North-East by Adusei Poku Lands on the East and South - East by the Asona Family, and on the South by the Asona family lands making an approximate area of 22.76
2. Damages for trespass
3. Recovery of possession,
4. Perpetual injunction against the Respondent, her agents, assigns, representatives and successors from making any claim to the land in dispute.
The Appellant alleged in her amended statement of claim that she is the queen mother of Kitase and that her family, the Asona family owns a vast tract of land in the Kitase-Peduase area. She further alleged that as the queen mother, the principal members of the Asona Royal family granted her land to assist her in her administration and that she had taken control and possession of the land and exercised ownership over the land. She claimed further that apart from her no other senior or principal member of the Royal Family can or has the right to deal with anyone in respect of those lands.
The Appellant averred that she had, in her capacity as queen-mother granted parcels of the land to several people, some of whom have built on the lands and occupied same. She claims that she made a grant of the subject matter to one Glenda Mills; however, litigation arose as one Dr. and Mrs. Kwesi Nuamah challenged the grant in suit no. 104/2002 at the Circuit Court, Akropong – Akuapem titled Dr. Isaac Kwasi Nuamah and Mrs. Linda Nuamah v Glenda Mills and Nana Korkor Ntim
She successfully defended her title and obtained a demolitio