[2008]DLSC2461 • February 27, 2008 • Supreme Court •
MADAM AFUA NSIAH vs. KOFI KYENKYENHENE & ORS
The plaintiff, Madam Afua Nsiah, claimed to be the head of her maternal family of Ampabame, Kumasi-Ashanti, and sued on behalf of her family for declaration of ownership, recovery of possession, and injunction regarding House No. AM.9, which was allegedly built with compensation money received by the late Kwabena Asante for relocation from Old Ampabame. The defendants, children of the late Kwabena Asante, denied the plaintiff's capacity and claim, asserting the house was self-acquired property of the deceased testator built from his own resources.
read moreANINAKWAH, JSC:- This is an appeal against the judgment of the Court of Appeal reversing the judgment of the High Court, Kumasi delivered on the 11th day of December, 2002, which granted all the reliefs’ sought by the plaintiff and dismissed the defendants’ counter claim. Aggrieved by the High Court decision, the appellant (hereafter referred to as the defendant), successfully appealed against the judgment of the High Court and had it reversed. The plaintiff who claimed to be the Head of her family sued on behalf of her maternal family of Ampabame, Kumasi-Ashanti, against the defendants claiming:- “(a) Declaration that House No. AM.9, Ampabame, Kumasi, devised by late Opanin Kwabena Asante in his last Will dated 18th September, 1986, is the property of the family. (b) An order of recovery of possession of the said house. (c) Perpetual Injunction to restrain the defendants”. In her Statement of Claim, the Plaintiff avers that she is the...