OPANIN KWASI BOYE & ORS v. OPANIN KWAME AMAKYE & ORS
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. ACQUAYE, JA (PRESIDING)
- S. K. GYAN, JA
- M. M. AGYEMANG, (MRS.) JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a dispute between two families over ownership of a land parcel originally jointly acquired by their ancestors. The trial court favored the plaintiffs, but the defendants appealed, arguing the judgment was contrary to the evidence. The appellate court found that the trial court misplaced the burden of proof on the defendants and neglected the necessity for plaintiffs to provide documentary evidence of a critical alleged land sale. The appellate court ruled the judgment was against the weight of the evidence and allowed the appeal, awarding costs to the defendants. The judgment emphasized principles of evidence, burden of proof, and adverse possession in land disputes.
AGYEMANG, JA:
In this appeal against the judgment of the Circuit Court, Mpraeso, delivered on the 29th day of October 2015, the sole ground of appeal set out by the defendants/appellants is that the judgment is against the weight of the evidence on record.
These are the matters antecedent to this appeal.
The first and second plaintiffs, the head and member respectively of the Aduana (Gyase) family of Obomeng Kwahu (hereafter referred to alternately as the plaintiffs or the respondents), commenced suit against the first, second and third defendants head and members respectively of the Agona family of Obomeng Kwahu (hereafter referred to as the defendants or the appellants) claiming inter alia, a declaration of title to, recovery of possession of, and damages for trespass to all that piece or parcel of land situate, lying and being at Nkawkaw (Obemeng Section) described as Plot Number 102 Block D Section IB.
It was the plaintiffs’ case that the said parcel of land was the property of their family and that the defendants had resisted their attempt to put a permanent building structure thereat. The suit was strongly resisted by the defendants who also alleged that the said parcel of land was their family property.
It was common cause that in or about 1930, the ancestors of the two feuding families, the parties herein, two very close friends: Opanin Kwame Ansa-Ako of the Aduana (Gyase) family, and Opanin Kwasi Abankwa, acquired a plot of land measuring 80 feet by 80 feet from then Obomenghene Nana Yaw Mensah, jointly. They each built a mud dwelling house on opposite ends of the land. After the death of both men, Opanin Kwame Ansa-Ako was succeeded by Opanin Kofi Twerefuor who inherited the land with house thereon belonging to his predecessor. Opanin Kwadwo Amakye inherited the land with house thereon belonging to his predecessor Opanin Kwasi Abankwa.
The said successor of Opanin Kwame Ansa-Ako: Opanin Kofi Twerefuor demolished the mud house and erected a cement block (sand crete) building in its place. The mud house put up by Opanin Kwasi Abankwa however fell into ruins during a heavy rainstorm and was never rebuilt. Indeed, Opanin Kwasi Amakye was said to have removed the roofing sheets and other building materials of the collapsed building for his personal use.
After a while, one Opanin Kofi Dompreh, a mechanic went onto the land to operate his fitting workshop business. During the trial of the suit, the land was still occupied by the workers of the sa