OKOH SAMUEL vs AKOSUA NYARKO

The Plaintiff/Appellant (hereafter the Appellant) who sued out of the Registry of the District Court, Kenyasi a claim over a property of 13 bedrooms situate at Odumasi Kenyasi No. 1, failed to obtain judgment before that court. He is aggrieved with the judgment on H/W. Clement Kwasi Asomah and has appealed to this Court on the sole ground that the judgment of the District Court is against the weight of evidence. Before the District Court, the Appellant claimed against the Defendant/Respondent (hereafter the Respondent) the following reliefs:

1. Declaration of title and recovery of possession of all that 13-bedroom house No. KO25 at Odumasi-Kenyasi No. 1, which house Defendant is laying adverse claim to;

2. Anyother orders as the court may deem fit to make.

The Respondent counterclaimed against the Appellant, asking for the following reliefs:

1. A declaration that all that thirteen (13) bed-room house with House No. K.O. 25 situate at Odumase-Kenyasi No. 1 is a sole property of the late Adwoa Yaawa’s family and for recovery of possession;

2. An inunction order to restrain the [Appellant] his agents or assigns from continuing making claim of ownership of the disputed house;

3. Cost including legal costs; and

4. Anyfurther order(s) or other reliefs that the court may deem fit to make.

According to the Appellant, he is the head of the Oyoko family of Kenyasi No. 1. Through his lawful attorney, one Kwame Okoh Asamoah, he averred in a Statement of Claim dated 28th October, 2021 that he was also the customary successor to one late Opanin Kwabena Okoh. The Respondent, he claimed, was the daughter of a step daughter to this deceased uncle of his. The late Opanin Kwabena Okoh had married the grandmother of the Respondent, one Adwoa Yaawa, and later married two additional women, being Madam Akosua Donkor and Madam Ama Saabour.

Opanin Kwabena Okoh is said by the Appellant to have acquired several properties in his lifetime, including that presently in dispute. However, before he married the Respondent’s grandmother, he lived in a property located at No. NT 16, Kenyasi No. 1 with some nephews and nieces. Opanin Kwabena Okoh is said to have been appointed the customary successor of one Osei Kwadwo. By the customary practice of that time, the widow of Osei Kwadwo was given in marriage to his customary successor, and by

that, Adwoa Yaawa, that widow, then became the wife of Opanin Kwabena Okoh. At that time, Adwoa Yaawa had a child, oneAmaAgye