2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
ANGELINA M. DOMAKYAAREH JA delivered the Court of Appeal judgment, with ALEX B. POKU-ACHEAMPONG JA and SAMUEL K. A. ASIEDU JA concurring, arising from a property dispute over Plot No. 11 Block 'I' at New-Apatrapa, Tanoso Layout, Kumasi between siblings and a purchaser. The sister (1st Appellant) claimed a customary gift and relied on a Deed of Gift; the brother (Respondent) denied the gift and execution of the deed. The purchaser (2nd Appellant) asserted bona fide purchase. Applying Rule 8(1) of C.I. 19, the court re-evaluated evidence, found contradictions in the alleged aseda payments and possession, held the donor never delivered possession, and determined Exhibit 1s signature and property description did not match the Respondent and the disputed plot. The sale to the 2nd Appellant occurred pendente lite and was tainted by fraud; Exhibit 2 was inadmissible and ineffective for lack of stamping and registration under Act 311 and LI 1590. The court affirmed the Circuit Courts judgment and dismissed the appeal.
DOMAKYAAREH (MRS.) JA:
[1] This appeal emanates from the judgment of the Circuit Court Kumasi (KMA) wherein by a judgment dated 14th December, 2017, the Circuit Judge delivered judgment in favour of the Plaintiff/Respondent herein and dismissed the respective Counterclaims of the Defendants/Appellants herein. The Plaintiff/Respondent in this judgment will be referred to as the Respondent, while the Defendants/Appellants will be referred to as the Appellants. The Respondent and 1st Appellant are brother and sister respectively. The Tango between them is about ownership of a property known as Plot No. 11 Block “I’ together with the buildings thereon situate at New-Apatrapa, Tanoso Layout of Kumasi. The 2nd Appellant was joined to the suit because the 1st Appellant sold the said property to him for valuable consideration.
[2] The opening statement of the judgment being assailed in this appeal is so apposite that I have not been able to resist the temptation of relying on it verbatim and I hereby quote same:
“Blood they say is thicker than water. There however comes a time when the desire of man for earthly and material things is so strong and overbearing that not even the strength of blood is able to stand in its way and hold together what nature has put together as family through blood.
This is one of the many cases where humans have demonstrated that, at times, what really matters is not family or blood but material worth, without due consideration of the consequences. The Plaintiff herein, who from the evidence has the 1st Defendant as his only sister and family with the demise of their mother caused to be issued from the Registry of this Court a Writ of Summons and Statement of Claim on the 28th of June 2013 against her (sic) his said sister as the only Defendant at the time of issuing same.”
[3] This initial Writ of Summons and its accompanying Statement of Claim were amended on 15/7/14 after the 2nd Appellant was joined to the suit. The Amended Writ of Summons and Statement of Claim were further amended on 20/7/16 pursuant to leave of the court granted on 18/7/16. The Respondent claimed six reliefs against the Appellants jointly and severally as per the Amended Writ of Summons filed on 20 /7/16 as follows: -
I. A Declaration that title to and ownership of property Plot No. 11 Block “I’ together with the buildings thereon situate at New-Apatrapa, Tanoso Layout of Kumasi is vested in the Plaintiff.
II. Damages for trespass and an order for re