OSEI KWAKU v. OPANIN KOFI MARFO & ANOTHER
2013
COURT OF APPEAL
GHANA
CORAM
- AYEBI J.A. (PRESIDING)
- IRENE DANQUAH (MRS.) J.A.
- TANKO AMADU J.A
Areas of Law
- Property Law
- Evidence Law
- Civil Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the judgment of the Mampong-Ashanti High Court, which affirmed the decision of the District Court, was dismissed. The court found that the defendant failed to prove his case and upheld the plaintiffs' title and possession of the disputed land. The judgment and costs awarded by the lower courts were affirmed.
AYEBI J.A.
This is an appeal against the judgment of the Mampong-Ashanti High Court which affirmed the decision of the District Court, Mampong. Before the District Court, the respondents were the plaintiffs while the appellant was the defendant. The claim of the plaintiffs was for declaration of title to and possession of a farm land situated and lying at a place commonly known and called Ebuoso at Ebuoso on Asante Mampong stool lands bounded by the properties of Nana Kwaku Owusu, Opanin Kwame Apraku, Madam Afia Subi and of the defendant which land the defendant has trespassed on and is claiming despite repeated complaints. The plaintiffs also claimed perpetual injunction to restrain the defendant, his workmen and anybody who claims any interest in the land through the defendant as well as GH¢1,000.00 damages for trespass.
The plaintiffs did not attach a statement of claim. But defendant filed a statement of defence in which he claimed the land as his ancestral property. He referred to the plaintiffs as the licensees of his ancestors which license he had revoked. At the trial, the 1st plaintiff gave evidence that his grandfather Kwabena Gyima from the Bretuo family of Penteng was granted the tract of land by Nana Darkwa, the Odikro of Ebuoso. This evidence was corroborated by PW2 a former Odikro of Ebuoso.
Defendant on his part gave evidence that his ancestors acquired the Ebuoso land. Specifically he stated that his ancestor Nana Ayinam demarcated Mampong township. In so doing, his ancestor carved out Ebuoso lands for his family for farming. He said his family also belong to the Bretuo clan and that is why most of the people who requested for land from them are members of the Bretuo clan. In all they gave land to thirteen (13) individuals.
In her judgment, the trial magistrate drew attention to the claim of the plaintiffs as title to the land. She identified the issue to be resolved as “who released the farm land to the plaintiffs family”. She then opined that “if it is the defendant’s family, then they (plaintiffs) are to pay royalties to the defendant’s family. If not then they do not own any obligation to the defendant”. The trial magistrate then observed that since the disputed land forms part of the Mampong stool lands, defendant should have invited an elder of the palace to counteract the evidence of PW2, the Odikro whom she referred to as chief.
She proceeded to find the defendant liable to the claim of the plaintiffs. She declared the plainti