[2009]DLSC2499 • November 4, 2009 • Supreme Court •
KWAME BONSU vs. KWAME KUSI & GIFTY KUSI AMPOFOWAA
The dispute concerns ownership of a parcel of land (Plot No. 10, Block VIII, Guggisberg Road, Adum, Kumasi). The Plaintiff-Appellant-Respondent claimed the land as family property originally acquired by ancestors around 1906, which was temporarily taken by the government and later returned through family efforts led by Michael Reginald Asante, who held the title in trust for the family. The Defendants-Appellants disputed this, asserting Asante acquired the land personally and transferred it through various transactions without family consent. The Plaintiff alleged trespass and sought declaration of family ownership, damages, and injunction.
read moreWOOD (MRS), C.J: On the 4th of November 2009, by a majority decision of three to two, Georgina Wood CJ, Ansah and Dotse JSC, dismissed the appeal against the judgment of the Court of Appeal, and reserved our reasons. We now assign our reasons for our decision to affirm the judgment of the court below. This appeal from the judgment of the Court of Appeal dated 15th April 2005, relates to a parcel of land on Guggisberg Road Adum, Kumasi, more particularly described as Plot No. 10, Block V111. On the 23rd of August 1999, the Plaintiff-Appellant-Respondent (Respondent), in his capacity as a principal member and elder of the Nana Ama Family of Nsuase issued a writ of summons against the 1st Defendant-Respondent-Appellant (Appellant) for a declaration that the land in question is the property of the Plaintiff’s Family, general damages for trespass and perpetual injunction. 2nd Defendant successfully joined the action through her next friend Vida Kusi. The parties are ad idem as regards.....