Otumfuo’s Akunafuohene’s land dispute: Defendant Appeals Against judgment

Madam Ama Konadu, a defendant who is claiming ownership of Plot No. 1, Block ‘L’ at Afrancho, has objected to a ruling of a Kumasi High Court.

She has gone to the Court of Appeal in a bid to overturn a judgment delivered by the Kumasi High Court, presided over by His Lordship Justice Kwasi Dapaah, on January 23, 2020 against her claims.

In an affidavit in support of her claim, the appellant  argued that the appeal is not frivolous or vexatious, and has a good chance of success, hence, the application for a stay of  execution.

The trial court declared that Plot No. 1, Block ‘L’, on the land of the Akunafuohene of Osei Tutu II, the Asantehene, at Afrancho at Afrigya Kwabre, belongs to the plaintiff, Mr. Derrick Addo Bimpeh, who is also claiming ownership of Plot No. 1, Block ‘L’, also known as Plot No 7. Block ‘I’ at Afrancho, near Kumasi, since 2015.

In delivering judgment, the court took cognisance of the evidence of the plaintiff and Nana Barima Otuo Achemapong, Otumfuo’s Akunafuohene, the grantor of the land and principal witness for the plaintiff, who said that two years after he had sold the plot to the plaintiff, the defendant summoned him at the Manhyia Palace for arbitration on a complaint that he had sold a plot of land belonging to the family.

The court also upheld that there was an apparent difference in the identity of the Plot 10, Block L, which was demolished by the Ghana Highway Authority (GHA) and compensation paid and No. 7, Block 1, the subject of contention, which is situated behind the demolished family house, and in the face of general principle of law that a purchaser of land is not affected by a judgment adverse to his vendors in proceedings commenced subsequent to the acquisition of the title, hence, the judgment entered in favour of the plaintiff.

As a result, the court awarded GH¢40,000 general damages against the defendant.

It further ordered that the defendant and her agents and assigns to be restrained from entering the said land or interfere with the plaintiff’s right and interest in the plot of land, and also awarded a cost of GH¢10,000 to the plaintiff.

But Madam Konadu, per her counsel, Lawyer Kwame Adofo of Holy Trinity Chambers in Kumasi, has since February 17, 2020 served a notice of appeal and subsequently filed a motion on notice on March 17, 2020 for a stay of execution of the January 23, 2020 judgment, pending the appeal.

The defendant has, therefore, appealed against the whole judgment on the grounds that the trial court erred in failing to reject the lease purportedly to be for the registration of the disputed land tendered by the plaintiff/respondent, which had a site plan dated at a later time than the lease, contrary to Section 6 of the Surveyor Act.

It was also contended that the court erred in distinguishing the land in dispute from the defendant’s land, when the same High Court had refused an injunction application against the defendant, describing the land as the same subject matter and belonging to the defendant.

Madam Konadu averred that the court erred in holding that the identity of the land is different, yet awarded damages for GH¢40,000 as general damages for trespassing, and that the court erred when it declared title for the plaintiff who claims IT through a stool, even when a search at the Lands Commission had indicated that Plot 1 Block L is government Land and not stool land.

Meanwhile, counsel for the plaintiff, Kwabena Opoku Mensah, has, since February 11, 2020, filed an entry of judgment at the Registry of the trial court for execution.

By Sebastian R. Freiku / www.thechronicle.com.gh

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