ATTA GYAMFI AND MARY BOAKYE vs. A. L. BOAKYE AND MR. AGYAPONG [2014]DLHC8462

Date	2014-02-04
Suit No.	SUIT NO. C1/224/07
Citation No.	[2014]DLHC8462

HIS LORDSHIP JUSTICE JACOB B. BOON

FELIX AMOAH FOR PLAINTIFFS

SARFO GYAMFI FOR DEFENDANTS

[2014]DLHC8462
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													<main id="main" class="content" style="min-height: 60rem" >ATTA GYAMFI AND MARY BOAKYE<o:p></o:p>(PLAINTIFFS)<o:p></o:p>vs.<o:p></o:p>A.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
L. BOAKYE AND
MR. AGYAPONG<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO. C1/224/07&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; &nbsp; &nbsp; &nbsp; DATE:
4TH FEBRUARY, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>FELIX
AMOAH FOR PLAINTIFFS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-indent:
0cm;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SARFO
GYAMFI FOR DEFENDANTS&nbsp;&nbsp;&nbsp; <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;
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HIS LORDSHIP JUSTICE JACOB B. BOON<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:0cm;margin-bottom:.0001pt;
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solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>The crux of the matter in this suit is a dispute over the ground floor
in House Number 65 Block C, Anomangye, Kumasi. The plaintiffs, who are
siblings, instituted the instant action for themselves and on behalf of the
other children of one Atta Kwame, deceased, who is alleged to have acquired the
land on which House No. 65 Block C, Anomangye is built. It was also alleged by
the plaintiffs that Atta Kwame constructed the disputed ground floor in his
lifetime, and directed his nephew, one Konadu Yiadom Bonsu, who was allegedly
appointed by Atta Kwame as caretaker of his property, to convey the whole
ground floor to his children after his death. After the death of Atta Kwame,
his said nephew added two more floors to the building, and notwithstanding that
the nephew promised, in the presence of the Odikro of Anomangye, to hand over
the ground floor to plaintiffs and thei siblings for which they gave out an
amount of 10,000,000 old cedis to enable Konadu Yiadom Bonsu&nbsp; prepare documentation in respect of the property,
he failed to fulfill his promise. Plaintiffs asserted that instead, he left a
will in which he devised three rooms on the first floor to plaintiffs and their
siblings. The plaintiffs are dissatisfied with his conduct and have instituted
the instant suit which was filed in the Registry of this court &nbsp;on 7 May, 2007 against defendants as the
executors of the will of Konadu Yiadom Bonsu claiming (i) a declaration that
ownership of the ground floor of H/No. 65 Block C, Anomangye. Kumasi is vested
in them, (ii) recovery of possession of the property, (iii) damages for
trespass and (iv) perpetual injunction against the defendants, their agents,
servants, and persons claiming title through them from interfering with the property.<o:p></o:p><o:p>&nbsp;</o:p>The defendants vehemently denied the assertions of the plaintiffs. Their
case is that the plot of land was acquired by Akua Konadu (deceased), who was
the mother of Konadu Yiadom Bonsu. They also asserted that Akua Konadu
permitted Konadu Yiadom Bonsu to use his name on the allocation paper issued by
the Anomangye stool in respect of the plot of land; that Konadu Yiadom Bonsu
then used his own resources to construct the entire building and devised it is
in his will to his maternal family and the plaintiffs.<o:p></o:p><o:p>&nbsp;</o:p>The defendants further denied the assertion of plaintiffs that the late
Konadu Yiadom Bonsu made a promise in the presence of the Odikro of Anomangye
to convey the ground floor to the plaintiffs for which reason he demanded and received
10,000,000.00 old cedis from the plaintiffs to work on the documentation of the
house to facilitate the conveyance of the second floor to Atta Kwame’s children.
They therefore denied any fraud perpetrated on the plaintiffs by late Konadu
Yiadom Bonsu, asserting that he had the requisite testamentary capacity to
devise the whole house in his will as he constructed it from his personal
resources. Defendants thus counterclaimed for a declaration of title and recovery
of possession of the ground floor as forming part of the estate of Konadu
Yiadom Bonsu and a further prayer that the devised of the floor in his will be
upheld by the court.<o:p></o:p>