THERESA AKUA BANSUA (PLAINTIFF/RESPONDENT) vs. KWAME DAPAAH ALIAS KWAME ABOSI, KWAME SAMOAH, KWAKU ASANTE AND KWADWO BEKOE (DEFENDANT/APPELLANT) [2009]DLCA7822

THERESA AKUA BANSUA (PLAINTIFF/RESPONDENT) vs. KWAME DAPAAH ALIAS KWAME ABOSI, K... [2009]DLCA7822

Date	2009-03-26
Suit No.	SUIT NO.H1/38/05
Citation No.	[2009]DLCA7822

A. ASARE KORANG J. A. (PRESIDING)

F. KUSI APPIAH J.A.

VICTOR D. OFOE J.A.

MR. J. K. KODUAH FOR THE DEFENDANT’S APPELLANT’S

MR. ADU-GYAMFI FOR THE PLAINTIFF/RESPONDENT

[2009]DLCA7822
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													<main id="main" class="content" style="min-height: 60rem" >THERESA AKUA BANSUA<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>KWAME DAPAAH
ALIAS KWAME ABOSI, KWAME SAMOAH, KWAKU ASANTE AND KWADWO BEKOE<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO.H1/38/05&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
26TH MARCH, 2009<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
J. K. KODUAH FOR THE DEFENDANT’S APPELLANT’S<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MR.&nbsp; ADU-GYAMFI 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 windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

A.
ASARE KORANG J. A. (PRESIDING), F. KUSI APPIAH J.A., VICTOR D. OFOE J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>VICTOR D. OFOE, JA:
The parties are relations disputing the capacity of one Kofi Buor giving out by
testamentary disposition House No. NK.124, Kwadaso Kumasi and farming land at a
place variously known as Sereho, or Kusi-shed, Gyesereho or Desereho .<o:p></o:p>Opanin
Yaw Nkrumah, 1st plaintiff who died in the course of trial had Kwame
Boakye, Kwesi Kyei, Kofi Buor and Kwame Mensah as brothers. It is also in
evidence that Antobrah is an uncle to Kwame Boakye. First two defendants are
the executors of the will of Kofi Buor and the other two are beneficiaries
under the said will.<o:p></o:p>The
primary issues for determination at the trial court was whether the Cocoa farm
lying at Desereho or Kusi-shed was acquired solely by Opanin Kwame Boakye or
was jointly acquired with Opanin Kofi Buor. And whether the House No. NK 124
Kwadaso&nbsp; Kumasi was acquired solely by
Opanin Kwame Boakye. Whilst the plaintiff/respondent(herein referred to as
plaintiff) contends that the said properties willed out by Kofi Buor &nbsp;to Kwaku Asante and Kwadwo Bekoe were self
acquired properties of Kwame Boakye, which had eventually become family
properties, the defendants’ claim the properties are properties of Kofi Buor
which&nbsp; he was entitled to will out. Defendants
gave details of how Kofi Buor came to own the properties which he willed out to
the defendants’ beneficiaries. In respect of the farm land at Kusi-shed (Sereho)
it is their case that it was land he jointly acquired with Kwame Boakye with their
pooled resources. They acquired the land with the understanding that the
survivor takes the whole land. They were working on the land together when
Kwame Boakye fell sick. He suspected his brother, Kofi Buor was responsible for
his sicknesses and that strained their relationship. They agreed to partition
the land for each to have his share. And it is Kofi Buor’s share that he willed
out to the defendants. Kwame Boakye had to entrust his portion of the farm to
Kwasi Ketewa, Yaw Nkrumah (1st plaintiff) and Afua Donkor because he
was not recovering from his sickness. The building and the plot there around was
acquired with the joint resources of Kwame Boakye and his brother Anto Brah. Each
put up some number of rooms which they held in common. These rooms were later
partitioned according to the number of rooms each had put up.<o:p></o:p>Both
parties admitted that Kwame Boakye was succeeded to by Kwasi Kyei. The
plaintiff testified through Theresa Bansua and called two other witnesses. Nana
Twumasi Ababio, chief of Nkawie Panin who claimed Kwame Boakye bought the land
from him and one Alex Ofori Amanfo Bonsu. Alex described himself as
administrator of Stool land in the area where the farm land is located i.e.
Kusi- shed.<o:p></o:p>The defendant
called Kwame Tutu, who is a son of Kofi Buor and two others. The first
described himself as the Krontihene of Norebeko and the other is Kwabena
Nkrumah. Both testified that it was Kofi Buor alone who came to the chief of Norebeko
for the farm land. <o:p></o:p>The
evidence was not involving. At the end of the trial, the trial judge gave judgment
for the plaintiffs. He stated as follows:<o:p></o:p>“The
plaintiff has proved her case on the balance of probabilities and she is entitled
to succeed. I therefore enter judgment for the plaintiff against the defendants
and make the following declarations in her favour:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That House No. N. K. 124
Kwadaso Kumasi is vested in the maternal family of the plaintiff as lawful
owners.<o:p></o:p>2.