SERWAH JONAH v. AMA MENSAH BOTWE
2013
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. (PRESIDING)
- APALOO, J.A.
- LOVELACE-JOHNSON (MS.), J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the recovery of possession of an outhouse at House No. 156, New Town Road, Kotobabi, Accra by the plaintiff from the defendant, who claimed the property as a gift from the deceased father's family. The trial court found in favor of the plaintiff, determining that the defendant was occupying the property as a licensee. Upon appeal, the appellate court affirmed the lower court's decision, emphasizing the sufficiency of the evidence presented by the plaintiff to prove joint ownership and rebutting the claim of the gift by the defendant.
KUSI-APPIAH, J. A. :
This is an appeal from a judgment of the Circuit Court, Accra, dated the 31st day of October 2002, in which the trial court entered judgment for the plaintiff/respondent (hereinafter called the Plaintiff) against the defendant/appellant (hereinafter called the Defendant). The basic facts are not in dispute.
On or about 5th day of June, 1998, the plaintiff instituted this action on her own behalf and on behalf of her brother Albert Bonsu Owusu-Ansah against the defendant, claiming recovery of possession of the outhouse to House No. 156, New Town Road, Kotobabi, Accra.
The case of the plaintiff as gathered from her pleadings and especially evidence at the trial is that, she and Albert Bonsu Owusu-Ansah are children by one woman of the late Albert Owusu-Ansah who died intestate on 17th October, 1963, leaving other children by five other women.
One of the other women is the defendant with whom he had two issues, namely; Joseph Owusu-Ansah and Alberta Owusu-Ansah.
According to the plaintiff, the late Albert Owusu-Ansah was succeeded under customary law by his younger brother, Dominic Owusu-Ansah to whom letters of administration of the intestate estate were granted on 28th November, 1963.
She averred that Dominic Owusu-Ansah died on 11th June, 1973 without having completed administration of the late Albert Owusu-Ansah’s estate.
So on 31st July, 1978 letters of administration de bonis non of that estate were granted to Madam Philomena Boatin who had become the customary successor of the two deceased brothers.
It is the case of the plaintiff that the late Albert Owusu-Ansah died leaving a number of houses in Accra and Kumasi including the disputed property, i. e. House No. 156, situated on the New Road, Kotobabi, Accra, which consists of a main building and an outhouse.
The plaintiff further averred that by a vesting assent dated 22nd January, 1977, Madam Philomena Boatin, the administrator of the late Albert Owusu-Ansah’s estate conveyed the said House No. 156, New Town Road, Kotobabi, Accra to the plaintiff and her brother Albert Bonsu Owusu-Ansah, forever as their share of their father’s estate while giving other houses in the estate to the other children of the late Albert Owusu-Ansah.
It was also averred that the two children of defendant whom she had with the late Albert Owusu-Ansah were also given one complete house at Mendskrom in Accra as their due share of their father’s estate which they have rented out to tenants.
The p