Samuel Yaw Mensah v. Kwadwo Donkor & ANOTHER
2022
COURT OF APPEAL
GHANA
CORAM
- Sowah, J.A. (PRESIDING)
- Oppong, J.A.
- Mensah-Homiah, J.A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This is an appeal by the defendants from a Circuit Court judgment concerning a land title dispute in Achiase. The plaintiff, a member of the Oyoko family, sued as owner for declaration, possession, and injunction, alleging his ancestor granted a small portion of the disputed land to the defendants great-grandmother, Mintaah, but the defendants encroached beyond that grant. Evidence from PW1 (the ex-husband of the 2nd defendant) and PW2 (the plaintiffs caretaker) described acts of possession and permission by the plaintiff. The defendants admitted boundaries but contended their ancestor acquired the entire land, relying on purported palace arbitrations and a building plan. The trial court found for the plaintiff on the preponderance of probabilities. On appeal, applying the weight-of-evidence standard and deference to trial fact-finding, the Court of Appeal held the defendants failed to show the judgment was unreasonable, found no proper customary arbitration, reaffirmed that a building plan does not confer title, and affirmed the trial judgment, awarding costs to the plaintiff.
SOWAH, (J.A):
This appeal is by the defendants from the judgment of the Circuit Court, Akim Swedru dated 18th January 2021.
The Notice of Appeal filed on 4th March 2021 has only one ground of appeal; namely that the judgment of the trial court is against the weight of evidence adduced at the trial. No further grounds were filed as had been indicated in the Notice of Appeal.
The parties in this appeal will be referred to by their designations at the trial court.
Plaintiff’s case
The plaintiff had sued as owner for a Declaration of title, recovery of possession and perpetual injunction in respect of a parcel of land duly described in his writ of summons. His case was that his grandfather had granted a portion of the disputed land to Mintaah, the grandmother of the defendants. He thus shared a boundary with the defendant's. The defendants had however taken advantage of that and had encroached onto his land, claiming the whole land, hence the suit.
Two witnesses testified for the plaintiff. PW1 Yaw Manu, a former husband of the 2nd defendant said that at the time he married the 2nd defendant she was living in a house abutting the disputed land. That it was the plaintiff who gave him a small portion of the disputed land to build a kitchen for his wife.
PW2 Adwoa Nyamoah said she was a caretaker for the plaintiff. She enumerated several actions she had taken in respect of the land over the years. When she was summoned before the chief of Achiase by the 1st defendant, she declined and directed them to the plaintiff. An earlier appearance before the chiefs was over the unruly conduct of the 2nd defendant.
Defendants’ case
In their defence, the defendants admitted the boundaries of the disputed land as described by the plaintiff. They also clarified that their mother Esi Broni was the granddaughter of Mintaah. They however disputed that the land belonged to the plaintiff and a portion had been granted to Mintaah. Their case was that the disputed land had been acquired by their great grandmother Mintaah. That one Adwoa [PW2] had brought some people to the land and they had summoned her to the Chiefs palace at Akim Achiase. Adwoa had been found liable and the elders had directed the defendants to “go and take our land”.
The defendants likewise called two witnesses. DW1 Okyeame Kofi Kyei and DW2 ex Okyeame Effoh both testified about purported arbitrations at the Achiasehene’s palace. Both however admitted that they did not know the history of the disputed