KYEI BARIMA & 2 OTHERS vs. CECILIA AWUAH & ANOTHER [2018]DLCA11557

Date	2018-12-18
Suit No.	SUIT NO. H1/11/2018
Citation No.	[2018]DLCA11557

ADUAMA OSEI JA (PRESIDING)

SENYO DZAMEFE JA

WELBOURNE (MRS.) JA

ABENA BOSOMPEMAA ANTWI FOR 1ST DEFENDANT/ RESPONDENT

[2018]DLCA11557
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													<main id="main" class="content" style="min-height: 60rem" >KYEI BARIMA &amp; 2 OTHERS<o:p></o:p>(PLAINTIFFS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>CECILIA AWUAH &amp; ANOTHER<o:p></o:p>(DEFENDANTS/RESPONDENTS)<o:p></o:p>[COURT OF APPEAL (CIVIL DIVISION), KUMASI]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT
NO. H1/11/2018&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:
18TH DECEMBER, 2018<o:p></o:p>

</div>COUNSEL<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoListParagraphCxSpLast" style="margin-left:0cm;mso-add-space:auto;
text-align:justify;line-height:normal;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">ABENA BOSOMPEMAA
ANTWI FOR 1ST DEFENDANT/ RESPONDENT.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:150%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;ADUAMA OSEI JA:<o:p></o:p>This
is our judgment in an appeal against a judgment of the High&nbsp; Court, Kumasi, dated the 30th of January,
2015, in which the High Court dismissed the Plaintiffs/Appellants’ claims for
declaration of title to certain landed properties, and related reliefs, and
entered judgment in favour of the Defendants/Respondents on their counterclaim.
The judgment appealed from is at page 206 to page 220 of the Appeal Record, and
the Notice of Appeal is at pages 222 and 223 of the same Record. In this
judgment, the Plaintiffs/Appellants will be referred to as “the Plaintiffs”, and the Defendants/Respondents will be referred
to as “the Defendants”.<o:p></o:p>&nbsp;The
Plaintiffs instituted the action for themselves and on behalf of the Afraso
Family of Twedie, and their writ of summons, dated the 7th of
February, 2007, was indorsed for reliefs against the Defendants jointly and
severally as follows:<o:p></o:p>&nbsp;(a) Declaration that Property
Number 8 Block “C” Adoato, Kumasi, is the property of the Plaintiffs’ family
known as Afraso family of Twedie.<o:p></o:p>&nbsp;(b) Declaration that the block
of stores situate on Property Number 6 Block “R” Ahodwo is the property of the
family of the Plaintiffs.<o:p></o:p>&nbsp;(c) An order of injunction
restraining the Defendants from in any manner interfering or dealing with the
subject properties.<o:p></o:p>&nbsp;(D) Such further Order or
Orders as to the Honourable Court may seem meet.&nbsp; <o:p></o:p>&nbsp;The
statement of claim which accompanied the writ of summons was subsequently
amended and in that statement, as amended, the 1st Plaintiff was
described as the head of the Afraso family of Twedie, while the 2nd
and 3rd Plaintiffs were described as principal members of the said
family. The 1st Defendant was described as a widow of the late
Samuel Kwame Awuah, who will hereafter be referred to as “the deceased”, and the 2nd Defendant was described as a
son of the deceased. Both Defendants were further described as the
administratrix and administrator respectively of the estate of the deceased. <o:p></o:p>&nbsp;Among
several other allegations, the Plaintiffs stated in their statement of claim
that, during his lifetime, the deceased became head of the Afraso family of Twedie
and that the head of family before the deceased assumed that office was John
Kofi Awuah, who died on 28th June, 1967.The Defendants alleged that
among the properties the late John Kofi Awuah died possessed of was Property
Number 8, Block C, Adoato, Kumasi. The Plaintiffs&nbsp; stated that, having taken out letters of
administration in respect of the estate of the late John Kofi Awuah, the
deceased had the lease in respect of John Kofi Awuah’s said property executed
in his name, and out of respect for the deceased, the family allowed him to
deal with that property as if it were his own property. <o:p></o:p>&nbsp;The
Plaintiffs also stated that in his capacity as head of family, the deceased had
in his possession and under his control several other properties of the family,
among which was Plot Number 6, Block R, Ahodwo, Kumasi. The Plaintiffs alleged
that by agreement with the family, the Plaintiff had the lease in respect of
Plot No. 6, Ahodwo executed in his name and with resources gathered from the
family’s account and other family properties, Plot No. 6, Block R, Ahodwo was
developed. <o:p></o:p>&nbsp;The
Plaintiffs’ grievance with the Defendants before the trial Court was that in
spite of the fact that Plot No. 6, Block R, Ahodwo and Property Number 8, Block
C, Adoato were family properties and did not belong to the deceased, the
Defendants had in their application for letters of administration in respec</main>