CECILIA AMPONSAH vs. YAA DUFIE [2022]DLSC11857

Date	2022-12-07
Suit No.	CIVIL APPEAL NO. J4/04/2021
Citation No.	[2022]DLSC11857

YEBOAH CJ (PRESIDING)

PWAMANG JSC

PROF. KOTEY JSC

AMADU JSC

PROF. MENSA-BONSU (MRS.) JSC

MICHAEL GYAN OWUSU ESQ. FOR PLAINTIFF/RESPONDENT/APPELLANT WITH HIM ESTHER KUMAH ESQ.

JOHN BREFO ESQ. FOR DEFENDANT/APPELLANT/RESPONDENT

[2022]DLSC11857
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													<main id="main" class="content" style="min-height: 60rem" >&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; CECILIA
AMPONSAH&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>&nbsp;(PLAINTIFF/RESPONDENT/APPELLANT)<o:p></o:p>vs.<o:p></o:p><a name="_heading=h.gjdgxs"></a>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;YAA DUFIE&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; <o:p></o:p>(DEFENDANT/APPELLANT/RESPONDENT)<o:p></o:p>[SUPREME COURT, ACCRA]<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;">

CIVIL APPEAL NO. J4/04/2021&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: 7TH&nbsp;DECEMBER 2022&nbsp; <o:p></o:p>

</div>COUNSEL <o:p></o:p>MICHAEL
GYAN OWUSU ESQ. FOR PLAINTIFF/RESPONDENT/APPELLANT WITH HIM ESTHER KUMAH ESQ.<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;">

</div>CORAM&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>YEBOAH CJ (PRESIDING), PWAMANG JSC, PROF.
KOTEY JSC, AMADU JSC, PROF. MENSA-BONSU (MRS.) JSC<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: black; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: black; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:normal;border:none;mso-border-top-alt:solid black 1.5pt;
mso-border-bottom-alt:solid black 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>PWAMANG, JSC:-<o:p></o:p>My Lords, the parties to this appeal are disputing
over ownership of House No 17, Block A, Atonsu Agogo, Kumasi which contains a
number of buildings. The plaintiffs claimed in the High Court, Kumasi, that the
buildings stand on land acquired some years ago by the late Akosua Addai and
were put up by the joint efforts of her children who included Akwasi Kankam,
Kwasi Abebreseh and Kwaku Nantwi. They sued the defendants because the
defendants claimed that the property belonged to only Akwasi Kankam, Kwasi
Abebreseh and Kwaku Nantwi and that it was these three who acquired the land
and built the structures on it&nbsp; without
any participation&nbsp; of Akosua Addai and
her other children or any member of the family.<o:p></o:p>Following some substitutions, the present parties
are those that carried the fight to the apex court. The trial in the court of
first instance was by oral and documentary evidence. We wish to refer to two
key documents concerning the property in dispute. First, there is an allocation
letter covering the plot, with attachments from the Kumasi Planning Committee,
by the Antwiwaa Anyinam Stool in favour of Akwasi Kankam dated 16th May, 1992.
The allocation letter requested the Regional Lands Officer, Ashanti Region to
take the necessary action which meant that she was to prepare land documents in
favour of Akwasi Kankam.(pp 414 to 422 of the record of appeal(ROA)). Secondly,
there is a declaration of “Joint Ownership of House No 17 Blk A Atonsu
Agofo-Kumasi” dated 1st day of February, 2002, made by Akwasi Kankam, Kwasi
Abebreseh and Kwaku Nantwi (p410 of the ROA) in which they shared 34 rooms and
6 stores of the house on the land among the three of them alone. That
declaration mentioned a family house at Lobito (New Amakom Extension) Kumasi
and the three brothers surrendered their interest in it in favour of their
three sisters, Akua Addai, Akosua Kwango and Akua Serwah, and their children.
The defendant’s testimony was that the three brothers were successful cocoa
farmers and stated the locations of their farms. The declaration made provision
for the signatures of all six but only the three beneficiaries signed and the
three sisters have not signed.<o:p></o:p>From the above documentary evidence, the land on
which the buildings in dispute stand was acquired by Akwasi Kankam who
subsequently acknowledged his other two brothers, Kwasi Abebreseh and Kwaku
Nantwi as co-owners. These documents clearly support the case of the
defendant/appellant/respondent (the defendant) about how the land was acquired
and the house on it put up. <o:p></o:p>The version of the plaintiff/respondent/appellant
(the plaintiff) that the land was acquired by the late Akosua Addai is not
supported by any document but the plaintiff relied on oral testimonies to the
effect that Akosua Addai was the one who acquired the land and started building
on it with the support of her three daughters who were fish mongers. They made
Akwasi Kankam, the eldest son of Akosua Addai, the supervisor of the
development. The testimony was that after the death of Akosua Addai, Akwasi
Kankam became head of their family and it was for that reason that the
documents of the property were made in his name. The plaintiff argued, that it
was the family character of the disputed property that informed the decision by
the three brothers to make provision on the joint declaration of ownership for
their three sisters to also sign.<o:p></o:p>Further evidence by the defendant was, that
throughout Akwasi Kankam and his brothers exercised ownership of the property
to the exclusion of other members of the family and that the provision made on
the joint declaration for endorsement by their sisters did not make them co-owners.
The defendant said the three brothers each made a Will disposing of his share
of the property. There is another documentary evidence of a tenancy agreement
with Forewin (Gh) Ltd, a notable trading company, and it was signed by Akwasi
Kankam as landlord. It is dated 19th June, 2004 (p427-431 of the ROA). On the
record are four other tenancy agreements all executed by Akwasi Kankam and t</main>