PASTOR YAW BOATENG vs. KWADWO MANU & NANA OWUSU-KWAME

The plaintiff, Pastor Yaw Boateng, claimed title to 50 building plots at Bosore, alleging acquisition from the 2nd defendant (Nana Owusu Kwame Ababio) and elders, payment of customary dues ('aseda'), and possession including construction of buildings and a church. The 1st defendant, Kwadwo Manu, counterclaimed asserting the land as his family property and denied the plaintiff's title. The dispute involved prior arbitration at Ejisu Traditional Council, which ruled against the plaintiff. The plaintiff alleged fraud and perjury in the arbitration and sought to set it aside. The 2nd defendant died during proceedings and was substituted by Nana Appiah Kubi. The trial court dismissed the plaintiff's claim and upheld the counterclaim, declaring the land family property of the 1st defendant.

OWUSU-ANSAH, J.A. This is an appeal from the judgment of His Honour F. Bright Mensah, Circuit Judge, sitting at Kumasi Circuit Court on the 29th day of July, 2004. What may appear to be a complex issue is indeed rather simple. The basic issue for determination in this appeal, in my view is whether or not the land in dispute is the 1st Defendants family land. If it is or has at all material times been family property, then no one but the family could validly grant it to anybody else. On the 1st February 1996 the Plaintiff caused his Solicitor Dei Kwarteng to issue out a Writ of Summons against Kwaadwo Manu claiming the following reliefs:- "[i] Declaration of title to all the 50 building plots bounded by SISIRASI Land, Atakyem land, and Kwaku Dua's Oil palm plantation. [ii] Special damages [iii] General damages for trespass; [iv] An order of Perpetual Injunction restraining the defendant, his servants and/or agents from in any way whatsoever interfering with the property in...