February 24, 2006
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (Accra) reviewed Pastor Yaw Boateng’s challenge to a Kumasi Circuit Court judgment that had dismissed his claims and upheld Kwadwo Manu’s counterclaim over land at Bosore. Boateng asserted a Bosore stool allocation of fifty plots memorialized in an “allocation note” and relied on a police statement by Nana Owusu-Kwame Ababio (Odikro of Bosore) and on events surrounding a customary arbitration at the Ejisu Traditional Council. The presiding judge, P.K. Owusu-Ansah J.A., identified the crux as whether the land was Manu’s family property and held that only the family could grant it. The court determined the allocation note was a registrable instrument whose non-registration rendered it invalid, and even if equity assisted, the family’s legal title and the nemo dat principle prevailed. The court found the Ejisu arbitration valid—Boateng consented, both sides were heard, the panel visited the locus—and its award estopped relitigation. Evidentiary complaints about the police statement were immaterial to the outcome. The appeal was dismissed and the lower court’s judgment affirmed. Judge Abban concurred; Justice Kusi-Appiah wrote separately, disagreeing on some legal points.
IN THE SUPERIOR COURT OF JUDICATURE, THE COURT OF APPEAL, ACCRA-GHANA.
Coram: - P. K. OWUSU-ANSAH J. A. [PRESIDING]ABBAN , J. A. . KUSI APPIAH, J. A. CIVIL APPEAL H1/132/2005. 24TH February, 2006 PASTOR YAW BOATENG, H/NO. NT.
331, KROFOFROM, KUMASI APPELLANT VERSUS 1. KWADWO MANU H/NO. NT.
331, KROFOFROM, KUMASI.
RESPONDENTS 1. NANA OWUSU-KWAME, ABABIO, ODIKRO OF BOSORE. -----------------------------------------------------J U D G M E N T-----------------------------------------------------OWUSU-ANSAH, J. A. : - This is a n appeal from the judgment of His Honour F. Bright Mensah, Circuit Judge, sitting at Kumasi Circuit Court on the 29th day of July, 2004. What my appear to be a complex issue is indeed rather simple.
The basic issue for determination in this appeal, in my view is whether or not the land in dispute is the 1st Defendants family land.
If it is or has at all material times been family property, then no one but the family could validly grant it to any body else.
On the 1st February 1996 the Plaintiff caused his Solicitor Dei Kwarteng to issue out a Writ of Summons against Kwaadwo Manu claiming the following reliefs: -“[i] Declaration of title to all the 50 building plots bounded by SISIRASI Land, Atakyem land, and Kwaku Dua’s Oil palm plantation . [ii] Special damages[iii] General damages for trespass; [iv] An order of Perpetual Injunction restraining the defendant, his servants and/or agents from in any way whatsoever interfering with the property in dispute. [v] And for such further order or relief as the honourable Court may find appropriate to make. ”By an order of the said Circuit Court on the 10th September, 1999, Nana Owusu Kwame Ababio the Chief of Bosore at the time was joined as the 2nd defendant in the suit, Presumably for tactical reasons, since the case against him was not pursued till he died.
Subsequent to joining Nana Ababio as the 2nd Defendant the Plaintiff obtained Leave of the court and amended his Writ as against both Defendants jointly and severally claiming the following reliefs: “[I] a declaration of title to all the 50 building plots bounded by the Sisirasi land, Atakyem land and Kwaku Duah’s Oil palm plantation; [ii] An order setting aside the arbitration between the Plaintiff and 1st Defendant on grounds of fraud. [iii] Special and general damages for trespass; and[v] Perpetual injunction The 1st Defendant also counter-claimed against the Plaintiff as follows: -[a] a declaration that all