The Sacred Order of the Silent Brotherhood v. Mrs. Alice Osae Kwapong & ANOTHER
2016
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A. (PRESIDING)
- Sowah, J.A.
- Mensah, J.A.
Areas of Law
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves a land dispute between Mrs. Alice Osae Kwapong (1st defendant) and a church and school organization that received a portion of land from the Aboasa family. A trial court initially ruled in favor of the plaintiff, dismissing the defendants' counterclaims. However, upon appeal, the court found that the trial judge failed to properly weigh the evidence. The appellate court overturned the trial court's decision, granting the defendants title to their family land and ordering the cancellation of the plaintiff's land registration. The case involved key legal principles surrounding the validity and enforcement of customary arbitration, the requirements for suing over land title, and the importance of corroborated evidence in property disputes.
SOWAH, J. A
This is an appeal from the decision of the Circuit Court, Akropong-Akwapim dated 25th July 2013, in which judgment was entered for the plaintiff and the counterclaim of the defendants' were dismissed.
Facts The background facts of this case as extracted from the pleadings and the evidence adduced at the trial are as follows: Sometime in 1999, Mrs Alice Osae Kwapong [the 1st defendant at the trial court and the 1st appellant in this appeal] made a complaint to the Akuapem Traditional Administration regarding a parcel of land situate at Akropong, Akuapem which she claimed belonged to her Kwasi Katakyie family within the Aboasa clan.
She alleged that the Aboasahene without the family’s knowledge and consent had allocated a portion of her family land to a church and school organization [the plaintiff at the trial, and the respondent herein]. A committee chaired by Nana Apesemaka heard the complaint and published its decision in May 1999. They found that the late Aboasahene had acted improperly in making a gift of land belonging to the 1st defendant’s family to the plaintiff without first informing the family.
It recommended that the land be re-apportioned and for the plaintiff to negotiate a sum to pay to the 1st defendants’ family.
Not satisfied with this decision, the plaintiff says it appealed to the Omanhene Nana Addo Dankwa who found that the panel had not been properly constituted and set aside its decision.
On the other hand, the 1st defendant says she was invited by the Traditional Administration but when she realized that it was over the same disputed land for which an award had already been made, she declined to participate.
In January 2002, the 1st defendant caused to be published in the Daily Graphic Newspaper a Statutory Declaration of title to land said to measure 21. 32 acres, and requested that any person claiming interest in the said land submit their particulars of interest to the Regional Lands Officer.
The plaintiff responded, relying on two indentures duly stamped and registered in 1977 and 1985 respectively and made between the then Aboasahene Nana Wereko Ampoma III as grantor and the late Emmanuel Opoku-Pare, as well as a Vesting Assent by which the executors of the Will of Emml Opoku-Pare transferred title in the land to the plaintiff.
On 23rd January 2004, the plaintiff issued a writ of summons against the defendants.
It was averred that the defendants had ignored plaintiff's registered documents and warning l