RICHARD APPIAH-NKYI & ANOR v. KOFI ADUWADOUR

JUDGMENT

PWAMANG, JSC.

On 27th June, 2016, the Court of Appeal dismissed an appeal filed by the defendant/appellant/applicant, hereafter referred to as “the applicant” against a judgment of the Circuit Court, Kumasi. The Applicant felt aggrieved by the decision of the Court of Appeal and since it was in respect of a judgment of a court lower than the High Court, he applied for leave of the Court of Appeal in order to appeal against its decision. The Court of Appeal dismissed that application for leave upon a preliminary objection raised by the plaintiff/respondent/respondent who will be referred to as “the respondent” in this ruling. The Applicant has therefore brought this application under Article 131(2) of the 1992 constitution praying for special leave of this court to appeal against the judgment of the Court of Appeal dated 27th June, 2016.

In the Circuit Court the respondent claimed against the applicant among other reliefs for a declaration that six plots of land at Twindurase within Assuowin Stool land in the Ashante Region were granted to him in 1999 by Nana Etwi Kwaku, Odikro of Twindurase and Opanin Akwasi Addai, Ahwerewa Abusuapanyin of Kotwi and that the grant was endorsed and ratified in 2003 by applicant being the occupant of the Assuowin Stool. The respondent stated that when the applicant ratified his grant he permitted him to develop the plots pending the issuance of formal allocation papers upon completion of a re-demarcation scheme applicant was then preparing for the area.

The respondent constructed a wall around four of the plots and partially developed the other plots and placed some cement blocks on them. Respondent subsequently contacted applicant for the allocation papers and, even though he was prepared to pay customary drinks to applicant in order to be given the papers, applicant refused to sign them for him hence the suit. Applicant filed a defence wherein he denied the grant to respondent and contended in the alternative that Nana Etwi Kwaku and Opanin Akwasi Addai had no capacity to grant the land to respondent. He also denied ratifying or endorsing the grant.

After a full trial in which respondent testified and called two witnesses and applicant testified without calling any witness, the trial judge held that Nana Etwi Kwaku as Odikro of Twindurase and Opanin Akwasi Addai, as Ahwerewa Abusuapanyin of Kotwi acted on behalf of Assuowin Stool in granting the land to respondent. The trial Circuit Court judge also found on