[2001]DLSC2358 • February 14, 2001 • Supreme Court •
OPANIN KWEKU ENU (SUBSTITUTED BY KOJO TUAKWA) vs. KWEKU BOSOM
The appellant, as Head of the Aburadze family of Gwira Akyinimu, claimed title to two pieces of land originally settled by his ancestor Kwesi Gwira, the first Odikro, asserting that the respondent's family only had farming rights granted through marriage ties and custom. The respondent claimed ancestral ownership of the land, asserting that Kwesi Gwira was his ancestor from the Adwenadze Aowin family, and that the appellant's family were caretakers paying homage. The respondent alleged the appellant's family was estopped from claiming ownership due to prior arbitration and long acquiescence. Four other persons joined as coplaintiffs claiming encroachment by the respondent's claimed boundaries.
read moreSOPHIA AKUFFO, J.S.C. On February 14th 2001, we unanimously allowed the appeal herein but reserved our reasons, which we now give as follows:— In this appeal against the judgment of the Court of Appeal dated June 17th 1999, the Appellant set out his grounds of appeal in rather prolix terms. These may however, be briefly summarised as follows:— a. The Court of Appeal erred in not assessing the evidence before the trial court to ascertain whether or not the evidence supported the trial court's judgment. b. The Court of Appeal erred in proceeding on the assumption that the matter before the trial court turned solely on the facts and thereby ignored issues of law, which had been raised by the evidence. c. Since the appellant's claim was for a declaration of title and the respondent had not counterclaimed for a similar declaration, or at all, the Court of Appeal erred in upholding the trial court's order that 'the status quo ante should be maintained'. The background to this appe...