OPANIN THOMAS FORDJOUR v. AMA KAAKYIRE

AYEBI J.A.

1. This is an appeal against the judgment of Circuit Court, Obuasi delivered on 31st October 2012 by the plaintiff. The trial judge at the end of the trial held that: “On the balance of probability, the court is convinced that the house in issue, namely H/No. 13 A/C, Boete was the bona fide property of the late Joseph Aduhene and not the plaintiff”

2. That pronouncement is pursuant to the claim of the plaintiff for:

(a) A declaration of title to House No. BE 13 A/C Boete, Obuasi.

(b) Recovery of possession.

(c) An order of perpetual injunction to restrain the defendant, her agents, assigns and workmen from interfering with the said house.

(d) General damages for trespass.

3. The facts of the case show that the contest over House No. BE 13 A/C Boete, Obuasi is between a father and the widow of his own son. The Joseph Aduhene whom the court declared as the owner of the house was the son of the plaintiff/appellant (referred to as plaintiff). Joseph Aduhene passed away in 2010. In his lifetime he was married to the defendant/respondent (referred to as defendant) and they co-habited in this house. The defendant/respondent is still living in the house. Another son of the plaintiff/appellant called Thomas K. Asiamah also lived in this house until his demise in 2009. According to the plaintiff/appellant, in all he had fifteen (15) children but as at the time of the institution of this action seven had passed away.

4. Both the plaintiff and his son Joseph Aduhene were employees of the Ashanti Goldfields Company (A.G.C.). In 1988, plaintiff said he acquired the land on which the house in dispute is built and documented it in the name of his other son Thomas K. Asiamah with his knowledge and consent. The plaintiff explained that he took that line of action because at the time any employee of A.G.C. who is known to the management to have owned properties is suspected to be a thief and is given a sack for even very petty offences.

5. According to the plaintiff, he decided to build his own house because in 1987, his landlord threatened to eject him. So when he bought the land from Mr. Turkson at Boete, he initially put up 8 rooms from his own resources. Thereafter, seven of his children including three sons helped him to add eight (8) more rooms. So the house is made up of sixteen (16) rooms. Plaintiff said he lived in the house with all his children until he went on pension in 1995 and relocated to his village Assan Kwanta. But as at now, two o