July 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Asiedu JA, with Domakyaareh JA presiding and Poku-Acheampong JA concurring) affirmed the High Courts judgment in a family property dispute between the Oyoko family of Wiamoase and two children of the late Opanin Kwasi Takyi, sued as administrators. The plaintiffs claimed a house in New Tafo (Krofrom), an Akwadwoa farmland, and a Tarkwa cocoa farm as family property; the defendants asserted the house and farms at Nkwatoo and Tarkwa were part of Takyis estate. The Court credited DW1s detailed eyewitness testimony establishing a valid customary gift of the house from Opanin Kwabena Essah to Takyi and long exclusive possession. It held the Akwadwoa farm belonged to the family but the Nkwatoo farm was personally acquired by Takyi, and the alleged Tarkwa gifts were invalid under customary law. Procedurally, it faulted plaintiffs for failing to specifically traverse the Nkwatoo counterclaim, approved reliance on admitted evidence of long possession, and confirmed defendants ability to counterclaim as administrators. Damages for trespass were upheld; the appeal was dismissed and costs awarded.
ASIEDU, JA.
This appeal is against the judgment of the High Court, Kumasi delivered on the 3rd day of July 2020. A writ of summons with an accompanying statement of claim was, on the 23rd May 2013, issued by the Plaintiffs/Appellants against the Defendants/Respondents. In the said writ, the 1st Plaintiff, suing as the head of family for himself and the Oyoko family of Wiamoase, Ashanti together with the 2nd Plaintiff, claim against the Defendants as administrators of the estate of Akwasi Takyi (deceased), jointly and severally, the following reliefs:
(i) Declaration that House No. Plot 1 Block 1 New Tafo (Krofrom), which was formerly numbered Plot 24 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 the 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: Opanin Kwame Tawia, Opanin Fobri, Madam Gyamfuwaa and Madam Afua Serwaa (widow of the late Akwasi 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 any way directly or indirectly with the said properties.
(v) Declaration that the 1st Plaintiff herein as the overall head of the Oyoko family of Wiamoase assisted by the 2nd Plaintiff who is the direct nephew of the late Akwasi Takyi is the proper person to deal with and managed the said House No. Plot 1 Block 1 New Tafo (Krofrom) Kumasi and other properties herein stated, on behalf of the Oyoko family of Wiamoase.
(vi) Such further order or orders as the Honourable court may deem fit.
In their statement of defence to the Plaintiffs’ action, the Defendants also included a counterclaim for:
i. A declaration of title to all that House No. Plot 1 Block 1 New Tafo (Krofrom) which was formerly numbered Plot 24 Block VI New Tafo, Kumasi.
ii. Declaration of title to the cocoa farm at Nkwatoo at Wiamoase under the Wiamoase stool land and bounded by the properties of Kofi Okoh, Adwoa Nsiah, Kwabena Owusu and Kwasi Oppong as the property of the Defendants.
i