2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This was a land title appeal arising from the Kumasi High Court. The plaintiff association claimed ownership and possession of plots allegedly acquired from six local chiefs during the reign of Otumfuo Sir Osei Agyeman Prempeh II, and said Asantehene Otumfuo Opoku Ware II later mediated, directing payment of 90,000,000 old cedis to the chiefs. The original defendant, Kofi Boakye, died; the Supreme Court quashed an ex parte judgment and substituted Rev. Charles Appiah Boachie representing the children of Isaac Kofi Boachie and Joseph Kojo Boachie, together with executors Robert Sarfo and Mr. Asamoah. The defendants maintained that Plot No. 17, Block A, Suame-Tarkwa comprised government and stool portions lawfully acquired by Isaac Kofi Boachie and Joseph Kojo Boachie under leases and an allocation note, corroborated by probate and vesting assents, and that possession continued after their deaths. The High Court granted declaration and possession to the association. On appeal, Kwofie JA, with Amadu Tanko JSC and Oppong JA concurring, held the association failed to prove title and identity on the preponderance of probabilities and that the trial judge misapplied the burdens and disregarded documentary evidence.
HENRY KWOFIE JA:
This appeal is from the judgment of the High Court Kumasi, delivered on 17th October 2013. In that judgment, the trial court granted the plaintiffs’ claim for a declaration of title to the disputed land and recovery of possession but dismissed the plaintiffs claim for damages for trespass and perpetual injunction.
By an amended writ of summons issued against the original defendant Kofi Boakye, the plaintiff, Associstion claimed against the defendant the following reliefs:
1. A declaration that title in all that piece or parcel of land edged pink on the site plan or map attached to this writ is vested in the plaintiff
2. Recovery of possession and damages for trespass
3. Any further or other reliefs as shall be just in the circumstances of this case in terms of the inherent jurisdiction of the honourable court and Order 63 rule 6 of the High Court (Civil Procedure Rules) and especially an order of perpetual injunction restraining the defendant, his servants, agents, workmen, assigns or any other person claiming through him or for and on his behalf from in any way interfering with the plaintiff’s title to or possession of the said land or from otherwise dealing with the said land in any way adverse or contrary to the plaintiff’s title to or possession of the said land.
Dissatisfied with the said judgment the defendants/appellants launched this instant appeal on 26th of November 2013 on the following grounds:
i. The judgment is against the weight of evidence
ii. The learned trial judge erred in holding that Opanin Kofi Boakye had sworn or confirmed that he was chairman of the plaintiff association
iii. The learned trial judge erred in relieving the plaintiff from the onus of proving that Opanin Kofi Boakye was the chairman of the plaintiff association and putting the burden of proving that he was not the chairman of the association on the defendants
iv. The learned trial judge erred in holding that at the time that Otumfuo Opoku Ware II adjudicated on the land, the original defendant in this matter was the chairman of the plaintiff Association
v. The learned trial judge erred in holding that the plaintiff association had locus standi to institute the action
vi. The learned trial judge erred in holding that the defendants never denied that there was a problem between the plaintiff association and the interested chiefs and that the only denial was that Isaac Kofi Boakye was never once the chairman of the plaintiff association and