FIRI vs. FRIMPONG [1982]DLCA2127

Date	1982-05-11
Suit No.
Citation No.	[1982]DLCA2127

FRANCOIS JA

EDWARD WIREDU JA

COUSSEY J.A.

YAW MANU FOR THE APPELLANTS.

NO APPEARANCE FOR OR ON BEHALF OF THE RESPONDENT.

[1982]DLCA2127
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													<main id="main" class="content" style="min-height: 60rem" >FIRI <o:p></o:p>vs. <o:p></o:p>FRIMPONG <o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p>[1982-83] GLR 176<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">

DATE:
11 MAY 1982<o:p></o:p>

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

YAW MANU FOR THE APPELLANTS. <o:p></o:p>

NO APPEARANCE FOR OR ON BEHALF OF THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<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">

FRANCOIS, EDWARD WIREDU AND COUSSEY
JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDWARD WIREDU J.A<o:p></o:p>The
parties to this appeal are members of the Adaati family of Takyiman in the
Brong-Ahafo Region. The family owns a stool the occupant of which is the
linguist to the Takyimanhene. The respondent to this appeal is the present
occupant of the Adaati family stool, having succeeded thereto on the death of
one Kwaku Twi a member of the family. The name of Kwaku Twi appears prominently
in this case and the central core of this appeal revolves around his activities
in relation to the disputed house during his lifetime. The defendant-appellant
(hereinafter referred to as the defendant) claims to be the head of family. His
capacity in this regard was challenged by the plaintiff-respondent (hereinafter
referred to as the plaintiff) but the trial court found that he had been performing
most of the duties of a head of family and styled him as acting head of family.
The co-defendant-appellant (hereinafter referred to as the co-defendant) is an
ordinary member of the family.<o:p></o:p><o:p>&nbsp;</o:p>The
dispute between them is about the status of two houses which according to the
plaintiff, were in the possession and occupation of his predecessor, the late
Kwaku Twi. These houses are situate at Takyiman and are numbered D/16 and D/27,
respectively. The two disputed houses are family properties having been built
by deceased members of the family who died intestate. The plaintiff’s claim as
indorsed on his writ reads:<o:p></o:p>“STATEMENT
OF CLAIM The plaintiff’s claim is for: 1. A declaration of title and recovery
of possession of the following houses,<o:p></o:p>(a) House
No. D/16 at Takyiman being self-acquired property of the late Kwaku Twi,
bounded by the houses of Yaw Firi, Nana Kwesi Tabiri, Akosua Noa and the Dwemer
Street, and <o:p></o:p>(b) house
No. D/27 at Takyiman bounded by the house of Kwabena Ameyaw, Kwadwo Fordjour,
Opanin Akwa and the Dwemer Street being a family property which was inherited
by the late Kwaku Twi who was succeeded by the plaintiff, which houses the
defendant refused to hand over to the plaintiff who is the customary successor
to the late Kwaku Twi both in his personal capacity and as the Adaatihene of
Takyiman. 2. Perpetual injunction to restrain the defendant from collecting the
monthly rents of the said houses”. In his pleadings the plaintiff claimed to
have succeeded the late Kwaku Twi both in his personal capacity and in his
capacity as the Adaatihene. His evidence in relation to the disputed houses,
however, showed that his claim to them was founded in his traditional
constitutional position as the new Adaatihene, whilst the defendant contended
that they are ordinary family properties. He therefore claimed the two houses
as being stool property. This stand taken by the plaintiff is made clear in his
answers to questions in cross-examination. His evidence-in-chief was vague and
unhelpful in this regard. The relevant portions of his answers read: “Q. House
No. D 1/2 is the stool house of the Adaati family?<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">A. The stool house is where the
stools are. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">Q. Do you know one Okyeame called
Adom? <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">A. No <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">Q. You know he lived in house No.
D1/2? <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">A. Yes the stools were there
then. The stool house is where the stools are now. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">Q. What about Kwasi Daah who was
also a linguist? <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-bord</main>