January 27, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arose from a succinct five-sentence judgment of the Circuit Court, Offinso, in a dispute over occupation of six rooms in House No. 29, Antoa, Offinso. Opanin Kwasi Acheampong, executor of the late Opanin Kwame Hemeng (alias Kwame Dapaah), sued Hemengs widow, Nana Amma Pomaa (Amma Ketewa), seeking ejectment and an injunction. The Court of Appeal, per Asiedu JA, affirmed the executors entitlement to possession after determining that House No. 29 was specifically devised to named beneficiaries, not part of the residuary estate, while the Twumasen Quarters property had been bequeathed to the widow and completed and gifted to her. The Court further held that the widows Power of Attorney was unstamped and thus inadmissible, expunging her attorneys testimony. The appellate court clarified that an executor may sue to protect estate property without first tendering probate, rejected procedural complaints regarding the record, set aside the trial courts allowance for continued residency, ordered ejectment and a perpetual injunction, and awarded GH 10,000 costs.
ASIEDU, JA.
On the 20th day of June 2014, Opanin Kwasi Acheampong, the Plaintiff in this matter (who will subsequently be referred to as the Plaintiff/Respondent) issued a writ of summons at the Circuit Court, Offinso in the Ashanti Region, against Amma Pomaa also known as Amma Ketewa (hereinafter referred to as the Defendant/Appellant) for the following reliefs:
(a). Ejectment and recovery of possession of the six rooms the defendant and her children are occupying at House Number 29 Antoa, Offinso Ashanti since same have been devised unto other beneficiaries.
(b). Perpetual injunction restraining the Defendant and her children, servants, agents and assigns from interfering with the said rooms at House Number 29 Antoa, Offinso Ashanti.
The Defendant/Appellant also endorsed a counterclaim in her statement of defence against the Plaintiff/Respondent for:
(a). An order restraining the Plaintiff from distributing or vesting the residue of the estates of the late Kwame Hemeng alias Kwame Dapaah to the beneficiaries until paragraph 2 of the testator’s Will had been fully complied with.
After the trial, the Circuit Court Judge, on the 14th day of September 2017, gave a five short sentence judgment as stated below:
“This Honourable Court rules in favour of the Plaintiff against the Defendant.
The Power of Attorney given to the Defendant’s Attorney was fraudulent. The Plaintiff has the right to go into possession. Defendant will continue to live in the house till she decides to leave voluntarily.
All the children will have to leave the house by 30th September 2017. No issue as to cost.”
It is the above judgment that triggered the instant appeal which was filed on the 3rd October 2017. In the Notice of Appeal, the Defendant/Appellant complains about the whole judgment on the grounds that:
a. The trial Judge erred when he failed to give reasons for the judgment he delivered on the 14th September 2017.
b. The trial judge erred when he failed to and or refused to give the Defendant the opportunity to thoroughly conduct her case.
c. The Plaintiff as executor exceeded his power when he commenced action against the Defendant who was the widow and her children by the Testator for ejectment and recovery of possession of the rooms they occupied in the Testator’s house.
d. The trial was not properly conducted in accordance with the law and procedure.
e. Additional grounds of appeal to be filed upon receipt of the record of proceedings.
It must be placed on rec