December 1, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Kwame Amoako of the Ghana High Court adopted a consent judgment after Sanford John Ankorah, Rose Tabuaa, and Maxwell Ahenkorah Atuahene resolved their dispute through Court Connected Alternative Dispute Resolution. Ankorah had filed claims in April 2017 challenging a purported will of the late George Kwasi Attah of Sefwi Boako and seeking declarations over several properties. The parties executed Terms of Agreement on 22 November 2022, acknowledging that the former guest house at Sefwi Wiawso belongs to Ankorah; the Boako house is matrilineal property of Asor Brenya; land at Sefwi Camp is relinquished to Ankorah; and a Sefwi Wiawso house, formerly used as Police Barracks, is partly relinquished, with eight rooms retained until 31 December 2026 then reverting to Ankorah. The Court, applying section 72 of the Courts Act and section 1 of the ADR Act, held the matter amenable to ADR, adopted the Terms as consent judgment, clarified it does not confer title, and made no order as to costs.
JUDGMENT
Per the Writ of Summons filed on 10th April 2017, the Plaintiff claims against the
Defendants jointly and severally as follows:
a. A defendant that the purported Will of the late George Kwasi Attah of
Sefwi Boako dated on 2nd May 2012 is invalid.
b. A declaration that the properties devised in paragraphs 2, 4 and 5 of the
said purported Will of the late George Kwasi Attah are properties of
Plaintiff’s maternal family.
c. A declaration that the property devised in paragraph 6 of the said
purported Will of late George Kwasi Attah is the self-acquired property of
the Plaintiff.
The Parties herein filed Terms Settlement dated dated 22nd November 2022, duly
executed by the Parties, and prayed this Court to adopt same as its consent Judgment.
The said Settlement essentially provided as follows:
“Court Connected Alternative Dispute Resolution (CCADR)
Terms of Agreement
Suit No:. E7/09/2017
Title of Case: SANFORD JOHN ANKORAH VRS ROSE TABUAA &
MAXWELL
DATE: 22/11/2022
The under-mentioned parties have taken part in a voluntary mediation
and have resolved issues that led to litigation, and have agreed to be
bound by the following terms of settlement.
i. That the Former Guest House at Sefwi Wiawso is not and has never
been the property of, or ever owned by George Kwasi Atta of Sefwi
Boako, and therefore cannot be bequeathed in a purported will to
anybody. The house in question was built by Sanford John Ankorah
and remains his property.
ii. That the house at Boako was bought by Asor Brenya and should remain
the matrilineal property of Asor Brenya, and therefore Rose Tabuaa
and Maxwell Ahenkorah Atuahene have relinquished totally their
claim of ownership of same.
iii. That the piece of land at Sefwi Camp has been relinquished to Sanford
John Ankorah and henceforth Rose Tabuaa and Maxwell Ahenkora
Atuahene have no claim whatsoever on the same farm land.
iv. That the house at Sefwi Wiawso (formerly used as Police Barracks) has
been relinquished in part by Rose Tabuaa and Maxwell Ahenkorah
Atuahene to Sanford John Ankomah. The remaining part of eight (8)
rooms will however be owned and occupied now by Rose Tabuaa and
Maxwell Ahenkorah Atuahene till 31st December 2026. After this date,
the said eight (8) rooms shall revert to Sanford John Ankorah.”
The Court is required by law to promote reconciliation through Alternative Dispute
Resolution (ADR) means in appropriate cases.
Section 72 of the Courts Act, 1993 (Act 459) dea