OP. KWASI BOYE & ORS v. MAD. ABENA BIAMAH & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, J.A. (PRESIDING)
- LOVELACE-JOHNSON, J.A.
- SOWAH, J.A
Areas of Law
- Property Law
- Civil Procedure
- Evidence
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal reversed the trial courts decision granting declaration of title to the defendants and ordering recovery of possession of the disputed land in favor of the defendants. The trial judge's conclusions were not supported by the evidence on record, and the plaintiffs successfully established their claim to title. The trial judge also erred in applying the Limitation Act without specific pleadings from the defendants.
SOWAH, J.A:
The plaintiffs who are the appellants herein initiated action at the High Court, Nkawkaw seeking the following reliefs:
a. Declaration of title to and possession of that piece or parcel of farm land situate and lying at Wawase on Obomeng Stool land bounded by the properties of Agya Yeboah, Kwabena Amoah, Kwaku Akoto, Ama Safoaa, Kwabena Anane, Abena Aframea, Yaw Ahima, Yaa Serwaa, Kwasi Bour, Yaw Obeng, Korontihene of Wawase and a rivulet.
b. Permanent Injunction restraining defendants, agents, workmen, assigns, etc.
The defendants counterclaimed for Declaration of title to the same parcel of farmland exactly as described by the plaintiff’s and for Recovery of possession, an order for Perpetual Injunction, General damages for trespass and Cost.
At the end of the trial, the trial High Court on 6th September 2013 dismissed the plaintiffs’ claims, entered judgment for the defendants on their counterclaim and made the following final orders:
1. That the late Kwame Onwona has title to all that piece of farmland situate and lying at Wawase on Obomeng Stool land bounded by the properties of Agya Yeboah, Kwabena Ampah, Kwaku Akoto, Ama Safoaa, Kwabena Anane, Abena Aframea, Yaw Ahima, Yaa Serwaa, Kwasi Buor, Yaw Obeng, Korontihene of Wawase and a rivulet.
2. That the defendants are entitled to recover possession of all that piece or parcel of land which the plaintiffs have trespassed on.
3. That the plaintiffs, their agents, servants, assigns, personal representatives etc are perpetually restrained from entering on or in any way dealing with the said land.
4. The court awards the defendants the sum of GH₵2,000.00 as general damages for trespass against the plaintiffs.
5. Cost in the cause of GH₵1,000.00 is also awarded in favour of the defendants.
The judgment appealed is to be found at pages 96-102 of the record of appeal.
Dissatisfied with the decision of the High Court, the plaintiffs/appellants filed a Notice of Appeal on 8th November 2013 with the following grounds of appeal:
a. The judgment is against the weight of evidence adduced in court.
b. The judgment was wrong in categorically stating that the late Kwame Onwona had title to the land, the subject-matter of the suit since there is cogent evidence that he was allowed as a son of the father’s family to enjoy the land for life even before his death he had been stopped from going to the land.
c. The judgment was wrong in holding that the plaintiffs were trespassers in so far a