2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per A. B. Poku‑Acheampong JA, dismissed Yaw Sefah’s appeal from a Kumasi High Court judgment concerning House No. Plot 4 Block 11 at Aboabo, Kumasi. Captain (Rtd) Osei Kwame and a second plaintiff sought declaration of title, trespass damages, and an injunction, asserting that Kwabena Owusu had customarily gifted the house to his widow, Afua Tiwaah, and all his children. The court reviewed evidence from family members including PW1 Kofi Asante and found intention, publicity, and acceptance of the gift, notably Afua Tiwaah’s post‑death possession, rent collection, and payment of rates for about fourteen years. It rejected the Defendant’s claim of family property and his reliance on a statutory declaration. Applying appellate standards and evidence principles, the court affirmed capacity to sue in representative form, upheld trespass damages arising from quit notices, and affirmed the High Court’s judgment.
POKU-ACHEAMPONG, J.A.:
This is an appeal against a judgment of a Kumasi High Court dated 3rd June 2019. The Plaintiffs/Respondents who shall hereinafter be referred to as the Plaintiffs issued a writ of summons against the Defendant/Appellant hereinafter referred to as the Defendant on 15th June 2006 claiming the following reliefs:
a. Declaration of title and ownership of House number plot No. 4 Block 11, Aboabo, Kumasi.
b. Damages for trespass.
c. Perpetual Injunction restraining the Defendant, his agents or servants or any other person claiming interest in the property through him from in any way interfering with the Plaintiffs’ title and possession and occupation in the disputed house and in attempting to eject and or ejecting the tenants and occupants of the said house.
On 10th June 2006 the Defendant filed his Statement of Defence and counterclaimed for the following:
a. A declaration of title, possession, occupation and ownership of H/No Plot 4 Block 11, Aboabo/Kumasi.
b. An order for ejectment of all the tenants in the said house in order to repair renovation and remodeling (sic) of the whole house or (sic) ordered by the Kumasi Metropolitan Assembly Engineer on or about 16th October 1997 in the Inspection Report.
c. An order for Perpetual Injunction restraining the Plaintiffs themselves, their agents, servants and or workment (sic) from in any way interfering with the Defendant’s enjoyment of the said H/No. Plot 4 Block 11 Aboabo/Kumasi.
On 22nd November the Plaintiffs filed their reply and on the same day 22/11/2006 the following issues were set down for trial.
1. Whether or not the Plaintiffs bring this action for themselves and on behalf of the children of the late Kwabena Owusu and on behalf of Abena Tiwaah’s (sic) children.
2. Whether or not Apagyahene gifted the disputed property to Osei Adu (sic), father of the late Kwabena Owusu.
3. Whether or not the late Kwabena Owusu also gifted the disputed house to his wife Abena Tiwaah (sic) and all his children including children named in paragraph 2 of the Statement of Claim.
4. Whether the Plaintiff’s step mother, Afua Tiwaah lived in the house with 1st Plaintiff’s deceased father’s children and exercised acts of ownership over the property for many years without the permission of the Defendant even after the death of late Kwabena Owusu in 1985 until 1997 when the Defendant threatened to eject Afua Tiwaah and the children?
5. Whether or not the Defendant was appointed the success