OFORI AGYEKUM v. MADAM AKUA BIO (DEC’D)

AYEBI J. A.

This is an appeal by the plaintiff against the judgment of a Kumasi Circuit Court delivered on 18th March 2010. The subject-matter of the suit is H/No. 11C Blk F Mamponteng.

The claim of the plaintiff at the trial court is for:

(i) A declaration that H/No. 11C Blk F, Mamponteng-Ashanti was the self-acquired property of Opanin Yaw Manu (deceased).

ii) A declaration that the distribution of H/No. plot 11C Block F Mamponteng, Ashanti as well as the intestate estate of the late Opanin Yaw Manu is governed by the Intestate Succession Law (PNDC Law 111).

iii) Damages for trespass(iv) An order for accounts(v) Recovery of possession(vi) Perpetual injunction restraining the defendant by herself, her agents, servants and workmen or any other persons claiming through or by her from in any manner interfering with the subject-matter.

Defendant on her part in a statement of defence filed, counter-claimed for: (a)A declaration that Plot No. 11 Block F is the family property of the defendant.

b)Ejectment of the children and the recovery of the rooms being occupied by any of the children of the late Yaw Manu.

c)General damages.

d)Perpetual injunction to restrain the plaintiff and his siblings, successors and indeed anybody claiming through him from in any way dealing or interfering with the house in dispute.

In this judgment I will refer to the parties as they were known at the trial court.

The plaintiff is the son of the late Opanin Yaw Manu.

He sued the defendant Akua Bio as the customary successor of his late father.

The plaintiff’s case is that his late father built H/No. E. B. 26 renumbered H/No. Plot 11C Blk F, Mamponteng, Ashanti.

Opanin Yaw Manu, plaintiff said acquired the plot of land from Nana Kofi Owusu, the then Manpontenghene.

Originally, Yaw Manu from his own resources as a trader built a swish house nicknamed “Attakwame” house on the land.

The house was numbered E. B. 26. Let me say that swish house technology was introduced into this country by migrants from Atakpame, in the former Republic of Dahomey, now the Republic of Benin.

So the proper nickname of the swish house is “Atakpame” house and not “Attakwame” house.

According to the plaintiff, his father went to Benimase in the Konongo District to seek greener pastures.

On his return, he pulled down the swish house and put up a fourteen bedroom sandcrete house.

The house number was later changed to Plot 11C Blk F. Until his death on 22nd July 2001, his father lived in the ho