KOFI MANU vs. AKOSUA AGYEIWAA & 3 OTHERS. [2013]DLSC2752

Date	2013-07-26
Suit No.	CIVIL APPEAL NO. J4/11/2012
Citation No.	[2013]DLSC2752

DR. DATE BAH JSC (PRESIDING)

ANIN-YEBOAH JSC

P. BAFFOE-BONNIE JSC

A. A. BENIN JSC

J. B. AKAMBA JSC

OBENG MANU JNR. FOR THE PLAINTIFF /APPELLANT/RESPONDENT.

KWAME BOAFO AKUFFO FOR THE DEFENDANTS/RESPONDENTS / APPELLANTS.

[2013]DLSC2752
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													<main id="main" class="content" style="min-height: 60rem" >KOFI MANU<o:p></o:p>vs.<o:p></o:p>AKOSUA AGYEIWAA
&amp; 3 OTHERS.<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<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. J4/11/2012&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
26TH JULY, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>OBENG
MANU JNR.&nbsp;&nbsp; FOR THE PLAINTIFF /APPELLANT/RESPONDENT.<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">

DR. DATE
BAH JSC (PRESIDING), ANIN-YEBOAH &nbsp;JSC, P.
BAFFOE-BONNIE JSC, A. A. BENIN JSC, J. B. AKAMBA JSC<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;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT
<o:p></o:p>

</div><o:p>&nbsp;</o:p>AKAMBA, JSC<o:p></o:p>This
is an appeal by defendants/respondents/appellants, herein after simply referred
as appellants, from the judgment of the Court of Appeal sitting in Kumasi dated
the 22nd day of October, 2009. The Court of Appeal allowed the appeal
on reliefs 1 and 3 on the writ of summons and in addition ordered the appellants
to vacate all rooms they had unilaterally taken over. They were also ordered to
hand over the lease documents on the property to the
plaintiff/appellant/respondent, hereinafter simply, the respondent.<o:p></o:p>BRIEF BACKGROUND<o:p></o:p>The
suit was initiated in the High Court, Kumasi by Nana Owusu Akyaw Prempeh,
customary successor of Opanin Kofi Boakye Asamoah (deceased) as plaintiff and
upon his demise was substituted by the present respondent, Kofi Manu. The evidence
on record is that following the death of Opanin Kofi Boakye, the 1st
defendant (now appellant) who is the widow of the deceased, together with her
children, the 2nd to 4th defendants (appellants), realizing that the
Will left by the deceased did not appear to entitle them to any immediate place
of abode of their own, pleaded with the respondent (plaintiff), to be allowed
to occupy some rooms on the ground floor. The plaintiff obliged and the
defendants offered aseda. Subsequent events and actions of the defendants portray
contradictions, betrayal and ingratitude for which reason the plaintiff, now
respondent, mounted his action at the High Court seeking the following reliefs,
namely:<o:p></o:p>(i)
A declaration that upon the true and proper interpretation of the provisions of
the last Will and Testament of Opanin Kofi Boakye Asamoah, late of Nkwantakese,
the 1st, 2nd, 3rd, and 4th
defendants have no interest in any rooms in the ground floor of House No. Plot
7, Block 2, Manhyia, Kumasi.<o:p></o:p>(ii)
A declaration that by challenging and denying the title of the plaintiff as
customary successor to Opanin Kofi Boakye Asamoah (deceased) the defendants
have forfeited their license to live in the rooms in the Ground floor in House
No. 7, Block 2, Manhyia, Kumasi to the Plaintiff.<o:p></o:p>(iii)
An order compelling the 1st defendant to surrender the lease on the
property in question to the plaintiff.<o:p></o:p>(iv)
An order of perpetual injunction restraining the Defendants from insulting the
Plaintiff or committing acts of nuisance against Plaintiff.<o:p></o:p>(v)
An order ejecting defendants from the rooms they are occupying in the Ground
floor in the said property.<o:p></o:p>The
High Court, per Kpentey, J, entered judgment for the defendants, appellants
herein. In the decision, the trial High Court found that the testator did not devise
any room on the ground floor of the house to anybody, hence the ground floor
fell into intestacy and automatically devolved onto his matrilineal family. The
court also held that the intestate estate of Kofi Boakye Asamoah was caught by
the Intestate Succession Law 1985 (PNDCL 111) notwithstanding that Kofi Boakye
Asamoah died long before the law was passed. In this vein, the court purported
to employ an alleged purposive application of the law by ascertaining any
inadequacy in the old law which the PNDCL 111 sought to remedy which the trial
judge then applied to the case before him. Accordingly, the court determined under
section 4 of PNDCL 111 that the un-devised portion of the house would devolve
on the 1st defendant and her children by late Kofi Boakye Asamoah.
The plaintiff’s claim was therefore dismissed and judgment entered on the
counterclaim for the defendant. &nbsp;<o:p></o:p>The
plaintiff, Kofi Manu, who was dissatisfied with the decision, filed an appeal
to the Court of Appeal upon no less than seven grounds.<o:p></o:p>The
Court of Appeal overturned the decision of the High Court stating that the
trial court erred when it held that the intestate estate of late Kofi Boakye
Asamoah was caught by the Intestate Succession Law, 1985 (PNDCL 111). It found
the law inapplicable to the case and therefore set aside the order and entered
judgment for the appellants, respondents herein. The appellate court declined
to eject the (respondents), appellants herein from the rooms that the
respondent had permitted or authorized them to use pending the completion of
the rooms dev</main>