June 29, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal from the High Court, Sunyani concerns family land at Techimantia originally acquired by Opanin Asaasensere, customarily gifted to his son Frank Brobbey, and thereafter devolved as family property upon Frank’s intestate death. The Respondent, acting for his immediate maternal family (descendants of Yaa Konadu), challenged the Appellant’s claim arising from a 2007 Deed of Lease executed by customary successor Asare Bossman in favor of the Appellant’s husband, Nana Kwaku Duah, under which six storerooms and six bedrooms were constructed (with a permit in the name of their daughter, Jennifer Fobi‑Duah). The Court of Appeal, per Domakyaareh JA, held that the lease was valid, reversed the trial court’s findings of fraud and unconscionability and its rejection of the lease, and set aside the equal‑sharing order that lacked a pleaded basis. Finding family awareness and participation (PW2), the court applied estoppel against the family. It declared title in the land for the Respondent’s family (with reversion), affirmed the Appellant’s leasehold, and ordered allocation of one storeroom and one bedroom to the family for ten years; other reliefs were dismissed and the trial judgment was varied.
DOMAKYAAREH (MRS.), JA:
[1] We have before us, an appeal against the judgment of the High Court, Sunyani dated 28th June, 2018. In this judgment, for ease of reference, the Plaintiff/Respondent will be called the Respondent, whilst the Defendant/ Appellant will be called the Appellant. The Respondent filed a Writ of Summons accompanied by a Statement of Claim against the Appellant on 24th February, 2012. By an Amended Writ of Summons and an Amended Statement of Claim filed on 30th October, 2012, pursuant to leave granted by the court on 22nd October, 2012, The Respondent claimed the following reliefs against the Appellant:
RELIEFS:
a) A declaration that Plot No. DR 14, which is also described as Plot No. DR 22 and Plot 7 Block “S”, Techimantia with a building thereon is the property of the Plaintiff’s immediate maternal family, and an order of the court granting possession of same to the Plaintiff and his immediate maternal family.
b) A declaration that the purported sale/transfer of a portion of the said plot of land to the defendant by the late Asare Bossman, a deceased member of the Plaintiff’s said immediate maternal family, was/is wrongful and unlawful and same be set aside by the Honourable Court.
c) General Damages for trespass.
d) An order of perpetual injunction restraining the Defendant, her agents, servants, workmen and assigns from howsoever interfering with the Plaintiff and his immediate family’s title and possession of the said plot of land.
FACTS:
THE RESPONDENT’S CASE:
[2] The Respondent brought the action for himself and on behalf of his immediate maternal family, being the descendants of the late Yaa Konadu of Techimantia. According to the Respondent, the plot in dispute was originally acquired by Opanin Asaasensere, who was the father of the late Frank Brobbey, who died around 1992. It is the contention of the Respondent that the plot in dispute was originally numbered DR 11, and later changed to DR 14 and it was with the house number DR 22, that the late Frank Brobbey used to pay property rate on the building thereon. Following a re-zoning exercise carried out by the Town and Country Planning Department, in conjunction with the Techimantia Stool the number of the plot in issue was changed to Plot No. 7 Block “S”. The Respondent maintained that Plot No DR 14, Plot No DR 22 and Plot No 7 Block “S” all refer to the same plot in dispute.
[3] The Respondent stated that during the lifetime of Opanin Asaasensere, he gifted the