[2025]DLSC18206 • April 2, 2025 • Supreme Court •
AMA NYAME & 3 ORS. vs. YAA ASANTEWAA & AKOSUA AMPOMAH
The Plaintiffs, as children of the late Akwasi Agyapong, claimed ownership and possession of House Number Plot 35 Block B, Atasomanso, Kumasi, alleging their father built the house and they obtained Letters of Administration over his estate. The Defendants denied this, asserting that the house belonged to their mother, Adwoa Konadu, and that Akwasi Agyapong was their uncle, not the Plaintiffs' father. The Defendants claimed possession and counterclaimed for title and possession, alleging the Plaintiffs misrepresented their father's identity and ownership.
read moreJUDGMENT KULENDI JSC INTRODUCTION: 1. This is an appeal against the unanimous decision of the Court of Appeal (Civil Division) dated the 9th day of March, 2023, which overturned the decision of the Circuit Court, Kumasi dated the 28th day of February, 2018. 2. For the purpose of this judgment, the parties shall retain their respective designations as they held at the Court of first instance. The Plaintiffs/Respondents/Appellants shall therefore be referred to as “the Plaintiffs” while the Defendants/Appellants/Respondents shall simply be referred to as “the Defendants”. BACKGROUND: 3. The factual antecedents that culminated into the instant suit are far from complex. The Plaintiffs issued a Writ of Summons at the Circuit Court, Kumasi on 21st March, 2014 seeking the following reliefs against the Defendants: "a. An order of the court for the Defendants, their agents, children, family, or any other person in occupation assigns, Number Plot 35 Block B Atasomanso to gi...