2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs, representing the Oyoko family, sought declarations that certain properties belonged to their family. These properties included a house and cocoa farms claimed to have been family property but allegedly taken over by the deceased, Kwasi Takyi. The defendants, administrating Takyi's estate, counterclaimed, asserting personal ownership except for one cocoa farm. The trial court mostly sided with the defendants and dismissed plaintiffs' claims. Plaintiffs' appeals to both the Court of Appeal and Supreme Court were dismissed, with the latter affirming concurrent findings by lower courts that the properties, long possessed by the deceased, were his personal assets.
LOVELACE-JOHNSON JSC:
The designation of the parties at the High Court will be maintained in this appeal. The
Plaintiff, suing for himself and as head of the Oyoko family of Wiamoase and one other
claimed the following reliefs against the defendants, in their capacity as the
Administrators of the estate of Kwasi Takyi(deceased).
i. Declaration that House No. Plot 1 Block 1, New Tafo (Krofofrom) which was
formerly numbered plot 24 Block VI, New Tafo, Kumasi is the property of the
Oyoko Family of Wiamoase, and not the personal property of the late Kwasi
Takyi, a member of the Oyoko Family aforesaid.
ii. Declaration that a farmland at a place known and called AKWADWOA at
Wiamoase on Wiamoase Stool Land is the property of the Oyoko Family of
Wiamoase
iii. Declaration that a cocoa farm at Tarkwa in the Western Region of Ghana
sharing boundaries with the properties of the following people; Op. Kwame
Tawiah, Op. Fobri, Madam Gyamfuwaa, and Madam Afua Serwaa (widow of
the late Kwasi Takyi) is the property of the Oyoko Family of Wiamoase.
iv. Perpetual Injunction restraining the defendants from denying the title and
interest of the Oyoko Family of Wiamoase in the disputed properties, and also
restraining them personally, their assigns, agents, workers, labourers etc
from dealing in anyway, directly and indirectly with the said peoperties.
v. Declaration that the 1st plaintiff herein as the overall head of the Oyoko
Family of Wiamoase assisted by the 2nd plaintiff who is a direct nephew of the
late Kwasi Takyi are the proper persons to deal with and manage the said
House No Plot 1, Block 1, New Tafo (Krofofrom) Kumasi and the other
properties herein stated on behalf of the Oyoko Family of Wiamoase.
vi. Such further orders or order as the honourable Court may see fit.
The defendants denied these claims and counterclaimed as follows:
1. Damages for trespass
2. Declaration of title to all that house No. Plot 1 Block 1 New Tafo (Krofofrom)
which was formerly numbered Plot 24 Block VI, New Tafo, Kumasi.
3. Declaration of title to the cocoa farm at Nkwatoo at Wiamoase under the
Wiamoase Stool and bounded by the properties of Kofi Okoh, Adwoa Nsiah,
Kwabena Owusu, and Kwasi Oppong is the property of the defendants.
4. Declaration of title to the cocoa farm at Tarkwa in the Western Region of Ghana
bounded by the properties of Kwame Tawiah, Op. Fobi, Madam Gyamfua, and
Kwabena Agyei is the property of the defendants,
5. Perpetual Inju