2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case is an appeal from the High Court in Kumasi arising out of a family dispute over the boys’ quarters at House No. A41 BLK ‘A’, Tarkwa Maakro Layout, Suame, Kumasi. Emmanuel Owusu (substitute for his father) contended that he acquired the land via KCC/KMA in 1964, later received a 99‑year lease effective 1997, registered title, and merely permitted his elder brother, the Testator Owusu Mensah, to occupy after retirement. The executors of the Testator’s Will countered that the land was Nkofe stool property allocated to the Testator, who lived in and operated a beer bar there for decades and exercised acts of ownership, including renting yard space to mechanics. The High Court dismissed the plaintiff’s claims and granted a perpetual injunction. On appeal, the Court of Appeal reheard the case, addressed challenges to exclusion and evaluation of several exhibits (application and form, building permit, lease, and title certificate), applied statutory rules on admissibility, registration, and probative value, and upheld the dismissal and injunction, finding no miscarriage of justice and ample evidentiary support for the trial court’s conclusions.
DOMAKYAAREH (MRS.), JA:
[1] This appeal emanates from the judgment of the High court, Kumasi dated 13th March, 2018. The suit itself was initiated on 30th July, 2004 when the Plaintiff/Appellant herein issued his initial Writ of Summons and per an Amended Writ of Summons issued on 28th May, 2015 he claimed four reliefs against the Defendants/Respondents herein namely:
a) A Declaration that House No. A41 BLK ‘A’ Tarkwa Markro Layout – Suame Kumasi is the self-acquired property of the Plaintiff and that the Testator was not competent to devise same to his children in his Will.
b) An order that the devise made by the Testator in respect of the House No. A41 BLK ‘A’ Tarkwa Markro Layout – Suame Kumasi be declared null and void.
c) An Order for perpetual injunction restraining the Defendants, their executors, agents, workmen and assigns or any other person or persons dealing with or interested in or interfering with the property, the subject matter of the suit; and
d) Recovery of possession.
[2] In this judgment, the Plaintiff/Appellant will be referred to as the Appellant while the Defendants/Respondents will be referred to as the Respondents. The Appellant is the younger brother of the Testator, the late Owusu Mensah alias John Owusu Mensah who died on 1st March, 2004 in Kumasi. Upon the demise of the Appellant, he was substituted by his son Emmanuel Owusu. The Respondents are the Executors of the Last Will and Testament of the said Testator.
[3] The Amended Statement of Claim which accompanied the Writ of Summons provides the basis of the reliefs claimed by the Appellant briefly as follows:
The Appellant averred that he duly acquired the property in dispute from KCC, now KMA on 1/6/1964 and paid all the necessary considerations and was later granted a lease on 20/1/2000 by the Lands Commission Secretariat, Kumasi/Ashanti for a term of 99 years from 1st Januarry, 1997. The Appellant contended that he put the Testator, his senior brother into occupation after he had retired from the Ghana Police Service in 1975, at which time the house had been completed by the Appellant out of his own and sole personal resources with the least assistance from his late senior brother John Owusu Mensah. The Appellant further averred that the property in dispute has been registered in his sole name at the Land Title Registry by the Registrar of Lands for Ashanti Region since the 3rd day of June, 2003. He further contended that sometime in August 2003, the Testator