[2008]DLCA6638April 14, 2008Court of Appeal

THOMAS KWAKU MARFO, YAA POKUA AND JOHN KOJO TAAH vs. KWAME ANTWI A. BOATENG AND PATRICIA NYANKOMANGO

The dispute concerns ownership of a property located at LaBone, Accra. The respondents claimed the property belonged to the maternal family of the deceased Opanyin Kutu Acheampong. The appellants claimed ownership based on a petition to the Commission on Human Rights and Administrative Justice (CHRAJ) which resulted in the property being released to the 1st appellant after confiscation following the overthrow of the Acheampong regime.

read more

GBADEGBE, J.A. This is an appeal from the decision of an Accra Circuit Court that allowed in favour of the respondents herein their claims in respect of the disputed property situate at La-Bone in Accra. In his judgment, the learned trial judge accepted the case of the respondents that the disputed property belongs to the maternal family of the deceased Opanyin Kutu Acheampong as well as ancillary reliefs Following the said judgment; the appellants initiated a process by way of judicial correction before us in these proceedings. In their complaint the appellants raised issue over the finding that the 1st appellant held the property on behalf of the plaintiff’s family and also attacked the evaluation of the evidence under the general ground that the judgment is against the weight of the evidence. I have set out the two grounds as it seems to me from the record of proceedings and the statements submitted to us that they are relevant to our determination of the appeal herein. In my .....