[2012]DLCA7878 • April 26, 2012 • Court of Appeal
AFUA OWURAKU (PLAINTIFF/RESPONDENT) vs. AMMA AFRA (DEFENDANT/APPELLANT)
AYEBI J.A. This is an appeal from the judgment of the High Court, Koforidua. The subject matter of contention is H/No. M/W 25 and the adjoining land at Mampong Akwakpim. The plaintiff (now respondent) claims declaration of title to the house and the land on which it is built, an order of ejectment and damages of GH¢2,000.00 against the defendant. From the evidence on record the identity and location of the property is not in dispute. The parties also agreed that one Aboa Kwadwo built the house on the land given to him by the Methodist Church of which he was a member about two hundred years ago. Further it is agreed that one Yaa Amoa was the wife of Aboa Kwadwo and the grandmother of the plaintiff/respondent but the great-grandmother of the defendant/appellant. In other words, closer in generation to Yaa Amoa, plaintiff’s mother Adwoa Badua @ Adwoa Sika was the daughter of Yaa Amoa whiles defendant’s father was a grandchild of Yaa Amoa. Beyond these undisputed facts, the...