[2023]DLSC16101 • March 15, 2023 • Supreme Court •
AGYEI SEFA AND ALHAJI ISSAH AMANFO vs. OWUSU AFRIYIE AND NATHAN OTI ANIM
The plaintiffs, grandsons of the late Nana Agyekumhene, claimed family title and ownership of land at Suhum/Akwadum road, alleging that the 1st defendant, appointed caretaker of the estate, unlawfully sold portions of the land and let out a house. The defendants contended that the plaintiffs lacked capacity to sue, asserting that the 1st defendant was the customary successor, not a caretaker, and that the plaintiffs' families had no interest in the property. The High Court dismissed the plaintiffs' claims, a decision affirmed by the Court of Appeal.
read moreJUDGMENT OWUSU (MS.) JSC:- The plaintiffs’ claims as set out in their Amended writ of summons and statement of claim are: a. “A declaration of their family title and ownership of all that piece and parcel of land at Suhum/Akwadum road or Agyekumhene Akura bounded by the properties of Ohenemaah Fosua, Op. Kwasi Donkor, Mame Fokuo, Abena Dapaah, Mame Ataa, Kofi Afi, Op. Agyeman, Mame Asantewaah, Op. Kwabena Gyasi and Apea Adu; b. Recovery of Possession of the land described in paragraph (1) supra. c. Recovery of possession of House No. EF/A 140 Effiduase. d. Perpetual injunction to restrain the defendant his agents, workmen and all persons claiming any interest through them from entering the land to do anything inconsistent with the plaintiffs and their family right to peaceable enjoyment of their land”. In their 12-paragraph statement of claim which accompanied their writ of summons, the plaintiffs/appellants/appellants (herein referred to as plaintiffs) averred that they ...