NANA KWABENA POKU vs. KWABENA POKU

This was a land title dispute over Plot No. 21 Block 'A' at Duasi. Both sides accepted that the land originally belonged to Kwame Anokye and his family, but they diverged on how title later devolved. The respondent, suing as caretaker chief of the Niwaa Tuapim Stool of Duasi for himself and his family, claimed that the land had remained family property for generations; that Kofi Samanpa, uncle/brother of the appellants’ predecessors, had merely been permitted to mould cement blocks on the land after his request to buy it was refused; and that the later rezoning of Duasi changed only plot numbers, not ownership. He further alleged that the appellants interfered with his possession by destroying or removing blocks he had moulded thereon. The appellants contended that after a new town layout and redemarcation, the disputed plot became theirs; alternatively, that their predecessor Kofi Samanpa had paid compensation to Kwame Anokye to demolish the latter’s house and build on the land. These factual positions appear in paragraphs 1–3 of the judgment, especially the passages beginning 'The respondent’s case is...' and 'Their case was that...'.

DOMAKYAAREH (MRS), J. A. 1. In this appeal, the contest between the parties is for the ownership of a piece of land known as Plot No. 21 Block ‘A’ Duasi. Both contestants acknowledge that the plot of land originally belonged to one Kwame Anokye and his family. Beyond that, their root of title became different. The case of the respective parties as presented to the trial court will demonstrate how. THE CASE OF THE PLAINTIFF/RESPONDENT (HEREINAFTER CALLED THE RESPONDENT). 2. The respondent’s case is that he is the care taker chief of Niwaa Tuapim Stool of Duasi and he brought the action for himself and on behalf of his family. His pleadings and testimony and that of his witness was to the effect that the plot in dispute was originally numbered 14 but renumbered to plot No. 21 Block “A” following a rezoning layout for Duasi. That the said plot was acquired by his uncle Kwame Anokye (deceased) and that they have been in actual occupation of the plot for about 300 years witho...