KWAKU OPOKU AND AKWASI MENSAH vs. THERESA BADU YEBOAH AND GEORGINA DENKYI [2018]DLCA6187

Date	2018-11-13
Suit No.	CIVIL APPEAL SUIT NO: H1/46/18
Citation No.	[2018]DLCA6187

ADUAMA OSEI JA (PRESIDING)

DZAMEFE JA

M. WELBOURNE JA

VIVIAN MFODWAA GYANG FOR PLAINTIF/RESPONDENT.

F. K. BOUR FOR DEFENDANT/APPELLANT.

[2018]DLCA6187
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													<main id="main" class="content" style="min-height: 60rem" >KWAKU OPOKU AND AKWASI
MENSAH<o:p></o:p>[DEFENDANTS/APPELLANTS]<o:p></o:p>vs.<o:p></o:p>THERESA BADU YEBOAH AND
GEORGINA DENKYI<o:p></o:p>[PLAINTIFFS/RESPONDENTS]<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 SUIT NO: H1/46/18&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: 13TH NOVEMBER, 2018<o:p></o:p>

F.
K. BOUR FOR DEFENDANT/APPELLANT.<o:p></o:p>

</div>CORAM: &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>ADUAMA
OSEI JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA<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="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>DZAMEFE, JA<o:p></o:p>The
plaintiff/respondents hereinafter referred to as the plaintiffs issued this
writ against the defendant/appellants also referred to as defendants for the
following reliefs: -<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that H/No. Plot 62 Block CA,
Anomngye-Kumasi is the self acquired&nbsp;
property of the late Nana Kwadwo Addai @ Anthony Owusu<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recovery of possession<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; General damages for trespass<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order for perpetual injunction
restraining the defendants, their agents, servants and any persons claiming
title through them from interfering with the deceased property in dispute.<o:p></o:p>The
plaintiff’s are both widows of Late Nana Kwadwo Addai @ Anthony Owusu, 1st
defendant the head of family of Anthony Owusu and 2nd defendant a member of the
late Anthony Owusu family.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiffs aver in their statement of claim that their deceased husband died on
25th April 2006 and they applied for Letters of Administration together with
one Kingsley Owusu.&nbsp; 1st defendant and
one Samuel Owusu filed a caveat against the grant of the Letters of
Administration but which was later removed subject to two properties being
removed from the inventory.&nbsp; They are:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; H/No. Plot 62 Block CA,
Anomangye-Kumasi &amp;<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; H/No. 5A Block G, Mpatasie-Ashanti.<o:p></o:p>The
plaintiffs averred that the deceased husband was married to one other women,
Madam Abena Ampong who is also deceased. The deceased husband in his life time
run a business of brushes and his company is St. Anthony Brushes Product
Company supplying brushes to District Assemblies.<o:p></o:p>They
aver that in 1975 the deceased from his own resources acquired Plot No.62 Block
CA from Odikro Nana Kwabena Dankah and by 1982 he had finished building this
house at Anomagye, Kumasi.&nbsp; Throughout
the deceased’s lifetime, he exercised acts of ownership and control over the
said houseincluding renting some rooms out to tenants.&nbsp; The deceased built another house on Plot 5
block G at Mpatasie, his hometown, but which he handed over to the extended
family.<o:p></o:p>The
plaintiffs aver further that on 10th August 1982, the deceased husband was
appointed Abusuapanyin of his family. &nbsp;The deceased they averred accounted for all
the family properties that came under his stewardship.<o:p></o:p>It
is their case that upon the death of their deceased husband the defendant are
claiming that the self-acquired property, H/No. plot 62 Block CA at Anomagye is
their family property and have sought to eject the tenants put into occupation
by the deceased. It is their claim that, that house is the self-acquired
property of the deceased and the conduct of the defendants is unlawful
wherefore they claim by their writ.<o:p></o:p>The
defendants entered appearance and counter claimed. The defendants in their
defence denied paragraphs 23 and 24 of the plaintiff’s claim saying that Plot
No. 62 was acquired by the defendants family member named Akosua Yeboah, who is
a sister of Nana Kwadwo Addai and the 1stdefendant. They aver that the said
house was jointly built bythe three children of Adwoa Bemah namely the 1st
defendant herein, Nana Kwadwo Addai (deceased) and Kwaku Manu.<o:p></o:p>The
defendants aver that all the defendants’ family properties were entrusted to
Nana Kwadwo Addai (deceased) as caretaker and that house No. 62 was originally
occupied by members of the defendant’s family including Akosua Yeboah, who
acquired the plot, Nana Kwadwo Addai (deceased) himself, Kwaku Manu, Ama Serwah
and Akwasi Afriyie.&nbsp; Two rooms not
occupied were rented out by the Akwasi Addai (deceased) as the caretaker wi</main>