YAA ACHIAA v. AKWASI AMPATE
2012
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU, J.A. (PRESIDING)
- FRANCIS KORBIEH, J.A.
- IRENE DANQUAH, J.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal of Ghana, presided over by Justice Mariama Owusu, reviewed a land dispute involving the first plaintiff, successor to Akyere Kwaku Sarfo, and the defendant, successor to Kwame Donkor, over land at Akyere on Benim Stool lands near Mampong. The District Court had declared title for the first plaintiff, found the defendant not entitled, and awarded ¢1.8 million in general damages to the second plaintiff for palm trees burned, with costs of ¢1 million. The High Court reversed, analogizing to DURO & ORS v ANANE and treating the plaintiffs as licensees. On appeal, the Court of Appeal applied the test for conflicting traditional evidence, focusing on recent acts, including decades of undisturbed possession and an alienation to the second plaintiff without protest, and determined no incidents of licence were proved. It also found the High Court wrongly stated that no boundary owner was called despite PW1’s testimony. The Court set aside the High Court’s decision and affirmed the District Court’s judgment.
BY COURT: JUDGMENT
By his writ of summons, the plaintiffs claim from the defendant the following reliefs:
1. Declaration of Title by 1st plaintiff for a piece of land situate and lying at Akyere, a village near Mampong/Ashanti at a place commonly known and called “Akyere” on Benim Stool lands bounded by the properties of Opanin Kwame Obeng (Deceased) now succeeded by Kwaku Kyeame, Kwame Donkor (Deceased) now succeeded by defendant, Akyere Kwaku Sarfo (Deceased) now succeeded by 1st plaintiff and river Kyirimfa which the defendant is unlawfully claiming title to same despite repeated demands.
2. 2nd plaintiff claims for the sum of ¢1,680,000.00 being the cost of oil palm trees and food crops grown by 2nd plaintiff and burnt by the defendant, his servants or agents without the authority of 1st or 2nd plaintiff.
Upon service of the writ of summons on the defendant, the latter appeared in court and pleaded NOT LIABLE.
The District Magistrate then set the court down for hearing.
At the trial, each of the plaintiff testified and was cross-examined. The plaintiffs also called three witnesses in support of their claim.
The defendant also testified and called three witnesses.
At the end of the trial, judgment was given in favour of the plaintiffs. The District Magistrate held amongst other things as follows:
“The first plaintiff has proof her case and the court is satisfied to declare as follows:
1. The first plaintiff is entitled to all that piece or parcel of land situate and lying at Akyere at a place commonly known and called “Akyere” on Benin Stool which is bounded by the properties of Kwaku Kyeame, Defendant and River Kyirimfa.
2. Defendant is not entitled to the disputed land.
3. That defendant is to pay general damages of ¢1.8m to 2nd plaintiff for burning down the palm trees.
Cost assessed at ¢1m against defendant.”
Dissatisfied with the decision of the District Court, the defendant appealed to the High Court, Mampong Ashanti.
The grounds of appeal are as follows:
That the decision is against the weight of evidence as the learned Magistrate gave no adequate consideration to the case of the defendant.
Additional grounds will be filled upon receipt of the record of proceedings.
The relief sought from the High Court was:
“That the judgment of the learned Magistrate, Mampong, contained in her judgment referred to herein dated 10-10-2006 be set aside and judgment entered in favour of the appellant”.
The High Court after hearing the appe