AKWASI ADDAE vs. NANA ORKO AGYEMANG, NANA ANTWI BOSIAKO AND ABUSUAPANIN KWABENA NKRUMAH

The plaintiff, son of the late Opanin Kwaku Mensah (aka Kwaku Owusu), claimed ownership of Plot No. 69 Block A, Edwenease, under his father's Will. The Will erroneously described the plot as No. 68. The plaintiff alleged that the plot was vested in him and his siblings after Letters of Administration with Will Annexed were granted. A dispute arose when Reverend Kwame Gyamfi, who had been permitted to use the land temporarily, refused to vacate, leading to a prior suit resulting in a consent judgment for his eviction. The defendants, traditional leaders of Edwenease, claimed the land was stool land allocated to Opanin Yaw Nsiah, a half-brother of the plaintiff's father, and denied the plaintiff's ownership, alleging fraud and alteration of allocation documents by the plaintiff.

JUDGMENT MENSAH-HOMIAH, JA: INTRODUCTION The High Court, Kumasi entered judgment for the plaintiff/respondent on 23rd December 2019 in respect of Plot No. 69 Block A, Edwenease, which plaintiff had claimed under the Will of his father, Kwaku Mensah alias Kwaku Owusu (deceased). The trial court also awarded damages of One Hundred Thousand Ghana Cedis (GH₵100,000.00) and cost of Ten Thousand Ghana Cedis (GH₵10,000.00) in favour of the plaintiff/respondent. This appeal is by the defendants/appellants. The notice of appeal was filed on 13th March 2020. Hereafter, the parties will be referred to by their designations at the trial court. FACTS The plaintiff is a son of the late Opanin Kwaku Mensah and he claimed that he instituted the instant action for himself and on behalf of his siblings. The case of the plaintiff was that under the Last Will and Testament of his father, Opanin Kwaku Mensah, deceased, Plot No. 69 Block ‘A’ Edwenease (erroneously described in the Will as ...