OPANIN OSEI KWAME & ANOTHER v. KWADWO DWEMOH
2021
COURT OF APPEAL
GHANA
CORAM
- ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING)
- ALEX B. POKU-ACHEAMPONG, J A
- SAMUEL K. A. ASIEDU, J A
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Angelina M. Domakyaareh JA, heard an interlocutory appeal arising from a High Court ruling in a family land dispute over a cocoa farm and secondary forest at Mpasaaso (James Kuma). The Plaintiff, acting as customary successor to Osei Kojo, Akwasi Nkrumah, and Kojo Addison, claimed the property was family land and that the Defendant, previously appointed as caretaker, was asserting personal ownership through his son, Kwabena Danquah. The Defendant denied the Plaintiff’s capacity and ownership, alleged personal acquisition of two parcels on Hia stool lands, and relied on a will in favor of his son, Badu Dankwah (James Danquah). At trial, DW1 began testifying about statements made by his father concerning how Opanin Osei Kwasi obtained virgin land and labor, prompting a hearsay objection. The High Court excluded these portions; on appeal, the Court of Appeal affirmed, holding that although the declarant was “unavailable,” the Defendant failed to give the statutory reasonable notice with sufficient particulars required to admit first-hand hearsay.
DOMAKYAAREH (MRS.), JA:
[1] This is an interlocutory appeal against the Ruling of the High Court, Kumasi, dated 5th March, 2018. We note that as per the Writ of Summons at page 1 of the Record of Appeal, the Statement of Claim at page 3 of the Record of Appeal, the Amended Statement of Defence and Counterclaim at page 78 of the Record of Appeal and the Notice of Interlocutory Appeal at page 138 of the Record of Appeal, the Defendant therein is one OPANIN OSEI AKWASI later substituted by BADU DANKWAH also known as James Danquah of JENSUKUMAH MPASAASO. Indeed, throughout the trial, the Defendant was always the said OPANIN OSEI AKWASI. Somehow, from the cover page of the Record of Appeal and the Headings of the respective Written Submissions filed on behalf of the Defendant/Appellant and the Plaintiff/Respondent the original Defendant /Appellant has changed to OPANIN OSEI KWAME. We want to believe that this new Defendant/Appellant is a mistake and we therefore admonish counsel to be meticulous during the settlement of Records of Appeal.
[2] The genesis of the suit is that, the Plaintiff/Respondent herein instituted an action on 13/11/08 against the Defendant/Appellant seeking the following reliefs: -
(a) DECLARATION that cocoa farm cum secondary forest situated at Mpasaaso at a place commonly known and called “JAMES KUMA” bounded by the properties of Opanin Huhuamoah, Opanin Yaw Ansah, teacher Boateng, nana Bannor and River James Kuma
(b) An order of Perpetual Injunction restraining the defendant and his agents, servants/workmen, assigns and all those claiming title through defendant from in any way purporting to alienate or dispose of the said property pending the hearing of this matter.
[3] The parties are all members of the same family. The Plaintiff/Respondent sued for himself and on behalf of his family as the Customary Successor of the family members who have passed away, namely, Osei Kojo, Akwasi Nkrumah and Kojo Addison. These deceased family members were Customary Successors from one to the other respectively with the Plaintiff/Respondent herein being the Customary Successor of Kojo Addison.
[4] The basis of the claims of the Plaintiff/Respondent as per the Writ of Summons and Statement of Claim, is that the disputed property was originally acquired and cultivated by Osei Kojo. When he died, Akwasi Nkrumah succeeded him. Akwasi Nkrumah was succeeded by Kojo Addison and upon the death of Kojo Addison the Plaintiff/ Respondent herein succ