AKUA DUFIE vs. ABENA ADOMA [2012]DLSC3054

Date	2012-06-28
Suit No.	CIVIL APPEAL NO. H1/29/2012 7
Citation No.	[2012]DLSC3054

MARIAMA OWUSU (MISS) J.A.

(PRESIDING)

F.G. KORBIEH

J.A.

IRENE C. DANQUAH (MS.) J.A.

MUJEEB RAHAMAN AHMED ESQ. FOR DEFT/APPELLANT

JENNIFER DJANBEA ASARE (MRS) FOR PLAINTIFF/RESP.

[2012]DLSC3054
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													<main id="main" class="content" style="min-height: 60rem" >AKUA DUFIE<o:p></o:p>vs.<o:p></o:p>ABENA ADOMA<o:p></o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL NO. H1/29/2012&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; &nbsp; &nbsp;DATED:
28TH JUNE, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MUJEEB RAHAMAN AHMED ESQ. FOR
DEFT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>MARIAMA OWUSU (MISS) J.A., (PRESIDING),
F.G. KORBIEH, J.A., IRENE C. DANQUAH (MS.) J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGEMENT<o:p></o:p>

</div>F.G. KORBIEH, J.A.<o:p></o:p>On
the 24/12/2004 the plaintiff/respondent (hereinafter referred to only as the
respondent) filed a writ of summons in the registry of the Circuit Court,
Kumasi. The reliefs endorsed on the writ of summons (as subsequently amended) were
as following:<o:p></o:p>-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration
that the respondent is a part-owner of House No. Plot 92, Anhwiankwanta,
Ashanti.<o:p></o:p>-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order of the court apportioning part of the said house to the respondent.<o:p></o:p>-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Perpetual
injunction restraining the defendant/appellant (hereinafter referred to only as
the appellant), her agents, servants and other members of her family from
interfering with therespondent’s possession and enjoyment of the part of the
said house apportioned to the respondent.<o:p></o:p>The
case of the respondent at the trial Circuit Court (as disclosed in her amended
statement of claim) may be summarized as follows: she was the uterine sister of
one Nana Nti Kwakye(hereinafter referred to as Nana Kwakye) with whom she
jointly acquired Plot No. 92, Block B, Anhwiankwanta in 1972. The plot was
allocated to them by the local plot allocation committee headed by one Kwabena Dwumaa
(deceased) who was the husband of the respondent. They jointly built a three-bedroom
swish house on the said plot and the three rooms were occupied by Nana Kwakye
himself, the respondent and their uterine sister called Akua Akyaa respectively.
About eight years after the completion of the house, Nana Kwakye left Ghana for
Germany but permitted one Teacher Sarpong to occupy his room which room was
again occupied by one Kofi Aboagye after Teacher Sarpong also left. About eight
years before the commencement of the suit, Nana Kwakye sent a cassette to the
respondent’s husband asking him to inform the respondent that he intended to
demolish the swish building and erect the house in dispute in its place. Three
years thereafter Nana Kwakye returned to Ghana, demolished the swish building
and commenced the erection of the house in dispute on the plot; informing the
respondent that he would allocate some of the rooms in the new house to her in
view of her being part-owner of the swish building and the plot. Nana Kwakye died
intestate on the 12/11/2004 and the appellant took possession and control of
the house in dispute without waiting to take out letters of administration and
without regard to the respondent’s part-ownership of the house. Nana Kwakye
also owned landed property in Accra and Holland.<o:p></o:p>The
appellant’s response to these averments (as contained in her amended statement
of defence) was to deny all the material allegations of fact made by the
respondent except those expressly admitted. She specifically denied that the
plot on which the disputed house stood was jointly acquired by the respondent
and Nana Kwakye. She averred that Nana Kwakye alone acquired the plot from the
chief of Abenkyim for which he had to pay only a bottle of schnapps and not from
the local committee as alleged by the respondent. She further averred that Nana
Kwakye alone built a swish house on the plot and thereafter left Ghana for
Holland where the appellant joined him later on. About five years before the
initiation of the action she and Nana Kwakye demolished the swish house and
built the house in dispute in its place. Before then they informed the
occupants of the three rooms</main>