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
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per M. M. Agyemang, JA, allowed an appeal brought by members of the Agona family of Obomeng Kwahu against a Circuit Court judgment favoring the Aduana (Gyase) family over ownership of Plot No. 102, Block D, Section IB at Nkawkaw (Obomeng Section). The trial judge had found that the plaintiffs (Aduana family) proved title through purchase, possession, and payment of property rates, and further held the defendants (Agona family) were barred by laches. On appeal, the court emphasized the rehearing standard and the burden on a claimant seeking a declaration of title to prove root of title, mode of acquisition, and possession. The alleged sale of Abankwas portion to Twerefuor was unsupported by documentary evidence, and the possession claim via Kofi Dompreh lacked corroboration. Property rate payments on an undivided parcel, unknown to defendants, could not establish ownership of the whole. Laches did not apply where defendants promptly resisted adverse acts. The appeal was allowed, with costs awarded to the appellants.
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