KWAKU vs. AMPOFOWAA [1961]DLSC5409

Date	1961-05-29
Suit No.
Citation No.	[1961]DLSC5409

KORSAH C. J.

VAN LARE JSC

SARKODEE-ADOO

J.S.C.

VICTOR OWUSU FOR THE DEFENDANT - APPELLANT

E. AKUFO-ADDO FOR THE PLAINTIFF-RESPONDENT.

[1961]DLSC5409
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">KWAKU <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">AMPOFOWAA<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

VICTOR
OWUSU FOR THE DEFENDANT - APPELLANT.<o:p></o:p>

<a name="_gjdgxs"></a>E. AKUFO-ADDO FOR THE PLAINTIFF-RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

KORSAH C. J., VAN LARE JSC, SARKODEE-ADOO,
J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
KORSAH C.J.<o:p></o:p>Korsah C.J. delivered the judgement of the court. In this case the
plaintiff describing himself as “head of the family of the late Kwame Dwomoh”
claims a declaration that the cocoa farm with a building situate at Ayenesuso
on Offinso stool land is the property of the family of which he is the head,
and of which the late Kwame Dwomoh alias Kwame Nantwi was a member. The claim
is based on the allegation that over 30 years ago, the Odikro of Ayenesuso as
agent of the Ohene of Offinso granted a portion of Offinso stool land situate
at Ayenesuso to the late Kwame Dwomoh, who was the plaintiff’s uncle and that
the plaintiff and his uncle jointly cultivated the cocoa farm on the said land;
also that the said Kwame Dwomoh alias Kwame Nantwi had at the time the sum of
£G600 which had come to him as successor of his immediate predecessor, and that
he used part thereof in the improvement of the said cocoa farm. Also that he,
the plaintiff, and his uncle built a house on the said land, both of which the
said uncle, the late Kwame Dwomoh alias Kwame Nantwi had either devised or
granted to his wife and children.<o:p></o:p><o:p>&nbsp;</o:p>The defendant does not admit the plaintiff’s claim, she further
denies that the house and farm are the joint properties of the plaintiff and
his uncle Kwame Dwomoh alias Kwame Nantwi, deceased. The defendant contends
that both the house and cocoa farm were the self-acquired properties of Kwame
Dwomoh deceased. She further counterclaims for a declaration of title to the
said properties, £G50 damages and injunction.<o:p></o:p>In the course of the plaintiff’s evidence, he stated that as the
result of a dispute between him and his uncle , the late Kwame Dwomoh alias
Kwame Nantwi, during the latter’s life time, he and his uncle agreed that the
farm in dispute be shared between them and they asked Yaw Mensah, Kwame Poku
and Kwaku Asiw to carry out that decision, but the sharing was not effected
when the uncle died.<o:p></o:p><o:p>&nbsp;</o:p>Of this Yaw Mensah said that about two years prior to giving
evidence he and others were asked by the late Nantwi to share the farms
cultivated by Nantwi and the plaintiff at Bosomasua, being the farm in dispute,
and at Ahanta; they agreed but did not carry it out before Nantwi died.<o:p></o:p><o:p>&nbsp;</o:p>This was supported by Kwame Poku. Thus there is some evidence that
the alleged dispute was in respect of more than one farm including the one in
dispute. The plaintiff in cross-examination, said “It is correct that apart
from the farm in dispute, late Kwame Dwomoh had another farm at Ayenesuso which
was left as an estate to the family. Yes the said farm is now in my possession.<o:p></o:p><o:p>&nbsp;</o:p>The defence disclosed that the late Kwame Dwomoh alias Nantwi
while at Ayenesuso bought fifteen more cocoa farms all of which have been left
to the family of the plaintiff. This evidence has not been challenged by the
plaintiff. The defendant further testified that the plaintiff stayed with his
uncle Kwame Dwomoh “as his relative”, as a younger member of a family stays
with a senior who brings the former up in life, but did not take part in the making
of the farm in dispute and also that the plaintiff had his own farm separately.
Yaw Berkoe, owner of the farm adjoining the farm in dispute, who was called by
the defendant, testified that to his knowledge the farm in dispute was </main>