2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision—presided over by Irene Charity Larbi J.A. with L. L. Mensah J.A. and Angelina M. Domakyaareh J.A. concurring—arises from a land dispute over the Aboradze family’s ancestral property known collectively as Amanfodo near Gomoa Osamkrom and Mangoase. The High Court had split the land, granting the plaintiff the northern portion and the defendants (including the chief of Agona Swedru) the southern portion. After the defendants’ appeal was struck out for procedural non‑compliance, only the plaintiff’s notice to vary was considered. Applying the ‘weight of evidence’ standard on re‑hearing, the court found contradictions in the defendants’ traditional accounts and held Exhibit ‘C’ (a 1925 transaction involving Chief Kojo Nyarku and Chief Kweku Benyah) failed to identify any subject land. The court referenced the surveyor’s plan (CW1A), which placed ruins of the old Ekwamkrom settlement (“Amanfodo”) in the southern portion, and emphasized land identification and burden‑of‑proof principles. It set aside the defendants’ award, entered judgment for the plaintiff over the land described in relief (1) with recovery and injunction, and awarded GH₵10,000 in general damages for trespass.
IRENE CHARITY LARBI (MRS) J.A.
(1) This is an appeal against the decision of the High Court, Cape Coast dated 7th December, 2009 filed by the Defendants on 14th February, 2010.
(2) The Plaintiff, upon service of the Notice of Appeal on her, on 1st March 2010 filed a Notice of Intention to contend that the decision of the High Court dated 7th December, 2009 be varied.
(3) The brief facts of the case are as follows:-
The Plaintiff by her amended writ filed on 02/12/98 claimed against the Defendants jointly and severally for;
1. Declaration of title to all that piece or parcel of land comprising
smaller parcels popularly known as Kokoado, Abotse Akwa, Obotwe, Nkoransa, Kokoado etc. but collectively known as Amanfodo in the vicinity of Gomoa Osamkrom and Mangoase which piece or parcel of land is bounded on one side by the property of Kwakwa of Agona Family of Ekwamkrom and Agona Odoben, and by Yoko Family of Gomoa Osamkrom represented by Nana Amoa Dabi on one side by River Akora, on one side by Jibreal Adam on one side by Odafa Kwasi Baah of Ayensuadze land and on the remaining side by the property of Kwame Affo of Agona Family of Nsuaem.
2. Recovery of possession of any portion that may be found to be in
possession of Defendants or their agents, assigns etc. at the end of the suit together with any plan or other documents unlawfully appropriated by Defendants.
3. Special damages of ₡28,560,000.00 being the value of 740 Palm
trees and 50 bunches of palm fruits unlawfully appropriated by Defendants.
4. General damages for trespass.
5. An amount of ₡500,000.00 extracted by 1st Defendant from
Plaintiff by fraud with the collusion of 2nd to 5th Defendants.
6. Perpetual injunction restraining Defendants, their agents
servants etc. from entering Plaintiff rights to the said land (sic).
(4) The basis of the Plaintiff’s claim is that she is a member of the Aboradze clan of Gomoa Ekwamkrom as well as the queen mother of the town. The 1st Defendant is the chief of Agona Swedru and a trespasser to the disputed land. The 3rd to 5th Defendants are family members but are not eligible royals barred by taboo from ascending to the Stool. The 6th Defendant is an agent of the 1st Defendant. The 7th Defendant unlawfully felled Plaintiff’s 120 palm trees on the land. The property is an ancestral property of the Plaintiff descending from Nana Ekwam I a hunter who migrated from Abrekum and first settled on the disputed land known as “Amanfudo” (old settlement).