NANA OBENG AKROFI v. NANA ASANTE AMPADU & ANOTHER
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., J.A. (PRESIDING)
- ADUAMA OSEI, J.A.
- LOVELACE-JOHNSON, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court at Nkawkaw dismissed the defendants' counterclaim and ruled in favor of the plaintiff, declaring him the rightful owner of the disputed land, ordering damages for trespass, exhumation and reburial of a body, and a perpetual injunction against the defendants. The defendants appealed to the Court of Appeal, claiming the judgment was against the weight of evidence. The disputed property, used historically by the headmen of Nkawkaw appointed by the Obomenghene, was claimed by both parties. The Court of Appeal upheld the High Court's judgment, finding no errors in evidential evaluation and holding that the plaintiff had sufficiently proven his case. The appeal was dismissed, affirming the lower court's decision.
MARIAMA OWUSU, J.A:
On 10-12-2002, the High Court, Nkawkaw dismissed the defendant’s counterclaim as not proved. It then gave judgment for the plaintiff as follows:
“I enter judgment for plaintiff. I grant the plaintiff all the reliefs he sought for. It is declared that title of the land in dispute is on the plaintiff and he is owner of the property in dispute.
The plaintiff is therefore to recover all that piece or parcel of land known as Plot No. 86 with building thereon known as Nkawkaw Ahenfie.
It is ordered that the body of Nana Bonsu Nyame (deceased) buried on the property be exhumed and buried at the proper place.
As regards damages for trespass, I take into consideration the fact that the defendants have deprived plaintiff of his property, trespassed onto the land have even buried a body on the premises without the consent and authority of the plaintiff. The plaintiff is entitled to damages and I award damages of ¢10,000,000.00 to the plaintiff against the defendants.
The defendants are perpetually restrained from entering on the land together with their assigns, servants, etc.
In awarding costs, I take into consideration the number of adjournments with delay and I award cost of ¢800,000,000.00 to the plaintiff against the defendants. The exhumation of the body should be forthwith.”
Aggrieved and dissatisfied with the decision of the High Court, the defendants appealed to the Court of Appeal on the following grounds:
a. The judgment was against the weight of evidence.
b. Additional grounds of appeal would be filed on receipt of the record of proceedings.
The Relief sought from the Court of Appeal
The whole judgment and orders and costs be set aside and judgment entered in favour of the defendants/appellants with cost.
Before dealing with the arguments canvassed for and against this appeal, I will give a brief background of this case. The plaintiff by his writ of summons on behalf of the Obomeng Stool claimed against the defendants jointly and severally the following reliefs:
a. A declaration of right, title and ownership to all that piece or parcel of land known as Plot No. 86 with building thereon known as Nkawkaw Ahenfie and recovery of possession of same.
b. Damages for trespass thereon.
c. Exhumation of the body of Nana Bonsu Nyame (deceased) Ex-Odikro of Nkawkaw.
d. An order of injunction restraining the defendants, their fellows and followers from going onto the land, or interfering therewith for the purpose of performing any