April 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Yaw Benneh sued Adwoa Korkor (later substituted by Yaa Adem) in the Kumasi Circuit Court seeking declaration of title and possession over land at Sekyere Nkwanta on Juaben stool lands, which he claimed his father, Kwabena Mensah alias Batani, gifted to him and his brother when he was four. The Circuit Court accepted Batani’s initial acquisition but rejected the gift, deeming the land family property held by the Defendant. On appeal, Asiedu JA, with Domakyaareh JA (presiding) and Poku‑Acheampong JA concurring, held that PW1’s account of a public ceremony at Sekyere Ekura and acceptance via aseda by the maternal grandfather satisfied customary requirements of publicity and acceptance. The court clarified that donor family presence, libation, and sharing of the drink are not mandatory and viewed the Defendant’s possession as custodial trust after Batani’s death and the mother’s relocation. It reversed, declared title and possession for Benneh, granted a perpetual injunction, and awarded GH₵6,000 costs.
ASIEDU, JA.
Introduction:
This is an appeal from the judgment of the Circuit Court, Kumasi delivered on the 25th day of July 2011. On the 17th day of January 2003, Yaw Benneh, the Plaintiff/Appellant issued a writ of summons against Adwoa Korkor, the Defendant/Respondent (who was subsequently substituted by Yaa Adem). In the writ, the Plaintiff claims against the Defendant:
(1) A declaration of title and recovery of possession of all that piece or parcel of land lying, situate and being at a place commonly known and called Sekyere Nkwanta on Juaben stool lands along the Kumasi-Accra Highway bounded by the properties of Opanin Kwasi Addo, Ama Serwah, Opanin Kwabena Bienin (Juaben Santahene) (deceased), which said land was the property of Plaintiff’s father, Kwabena Mensah alias Batani (deceased), and which was gifted to the Plaintiff and his brother, Yaw Manu (deceased) during the life time of Opanin Kwabena Mensah alias Batani (deceased).
(2) Perpetual injunction restraining the Defendant from in any way interfering with the Plaintiff’s enjoyment of the property.
(3) Any further orders or reliefs as shall be just in the circumstances of this case and in terms of Order 63 rule 6 of the High Court (Civil Procedure) Rules, 1954 and the inherent jurisdiction of the Honourable Court.
The Defendant endorsed a counterclaim in her statement of defence to the effect that the land in dispute is her family land or property.
After the hearing of the matter, the trial Judge found that the land in dispute was originally acquired by the deceased father of the Plaintiff as against the Defendant’s claim that the land in dispute was acquired by one Akosua Addae, the mother of the Defendant. The trial Judge however ruled that the land was not gifted to the Plaintiff by his father as claimed and that the land became the property of the family of the Plaintiff’s father and had been in the possession of the Defendant as a result, since the death of the Plaintiff’s father, Opanin Kwabena Mensah alias Batani. It is therefore against the part of the judgment of the trial Court in which the Judge found against the gift that the Plaintiff filed the instant appeal for the relief that, “that part of the judgment complained of be reversed and judgment given for the Plaintiff” on the ground that:
a. The judgment is against the weight of the evidence adduced at the trial.
b. Additional grounds of appeal shall be filed on receipt of the Record of Proceedings.
Ground of appeal: