ABDUL MAJEED KAREEM v. MR. ASUMADU OF KUMASI

The Ghana Court of Appeal considered an appeal arising from a land dispute over Plot 6, Block A at Boadi, Kumasi. Abdul Kareem Kwabena Kareem, armed with a 1992 lease from the Huahi Stool via Queenmother Nana Huahi Tutuwaa II, had sued for declaration of title, recovery of possession, trespass damages, and a perpetual injunction. Patrick Asumadu, who had occupied and developed the plot since 1981, defended and counter-claimed for declaration, injunction, and damages, asserting a prior customary grant received during a stool vacancy upon paying 2,000 customary drinks to eldershead of family C.K. Amoako and Malam Issah Donkoracting under the Odikro Opanin Kwadwo Dabo and then queenmother Obaapanin Akosua Addae. The majority held that Asumadus prior customary grant was valid and publicized by possession, applying Ankrah v. Ofori and Hammond v. Odoi, and finding liaison officer Exhibit G unreliable. The new queenmother could not regrant land already alienated. The appeal was allowed, the Circuit Court judgment set aside, and judgment entered for Asumadu on his counter-claim with nominal trespass damages.