NANA KWASI BOATENG vs NANA ASANTE FRIMPONG
October 12, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP HANNAH TAYLOR (MRS) J.
Areas of Law
- Civil Procedure
- Evidence Law
October 12, 2023
HIGH COURT
GHANA
CORAM
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The bone of contention between the parties is the ownership of the Craft Centre at Sankora Wonoo.
The plaintiff/respondent (hereinafter referred to as the plaintiff)contending that the ownership of the disputed property vests in the Wonoo Sankora community, caused a writ of summons to be issued out of the registry of the District Court, Mamponteng against the defendant/appellant (hereinafter referred to as the defendant) for a determination of the issue of ownership per the reliefs stated as follows; -1. A declaration that the Craft Centre at Sankora Wonoo is the property of the Sakora Wonoo Community.
2. Recovery of possession.
3. Damages for trespass.
4. Perpetual injunction restraining the defendant his agents, assigns, servants, employees, workmen and all those claiming through him from interfering with the plaintiff’s ownership possession and control of the Craft Centre at Sankora Wonoo.
The defendant had filed a statement of defence and also counterclaimed for the following reliefs against the plaintiff; -a. Title to and the recovery of possession of all the property designated the Craft Centre at Sakora Wonoo including the vacant plot surrounding the Centre.
b. Damages for trespass.
c. Perpetual injunction restraining the plaintiff their agents, assigns, employees, workmen and all those claiming title and or interest through them from interfering with the defendant’s ownership, possession and control of the Craft Centre at Sankora Wonoo.
THE FACTS OF THE CASE.
The plaintiff’s case is that the Craft Centre was constructed in 1975 by the Department of Housing and Planning Research Unit under Technology Consultancy Center (TCC) of the Kwame Nkrumah University of Science and Technology (KNUST) for the Wonoo Community with a grant of twenty-five thousand, one hundred and eighty-seven cedis and twenty-seven pesewas (old cedis) from Oxfam, UK with the community providing the labour.
The purpose for the setting up of the Centre, the plaintiff stated, was to demonstrate the making of craft products and sales to tourists.
Upon the completion of the project, the Centre was handed over to the people of Wonoo and the defendant as the chairman of the Town Development Committee took possession and control of the Centre without accounting to anybody.
The plaintiff testified per PW1 and called two other witnesses.
The defendant on the hand, denied the claims of ownership by the Wonoo Community and made a claim of ownership of the Centre for himself.
AI Generated Summary
This High Court appeal concerns the ownership of the Sakora Wonoo Craft Centre. The Wonoo community asserted that the Centre was constructed circa 1975 by KNUSTs Department of Housing and Planning Research under the Technology Consultancy Centre (TCC), funded by an Oxfam UK grant, and intended for communal benefit through crafts demonstration and tourism. The defendant, Nana Kwasi Frimpong, then Town Development Committee chairman, took control of the Centre, claimed personal ownership (often acting through Wonoo Ventures Ltd.), and ran it for over 40 years, invoking laches, acquiescence, and limitation. The District Court declared the Centre community property and dismissed the counterclaim. On rehearing, the High Court reviewed the entire record, applied Ghanaian appellate standards and evidentiary burdens, found adverse community claims and no documentary proof of the defendant’s title or land acquisition, and affirmed, dismissing the appeal with costs.