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ABENA GYABEA & 2 OTHERS v. KWAKU YEBOAH & 3 OTHERS

June 25, 2019

COURT OF APPEAL

GHANA

CORAM

  • M. OWUSU JA (PRESIDING)
  • S. DZAMEFE JA
  • M. WELBOURNE JA

Areas of Law

  • Civil Procedure
  • Alternative dispute resolution
  • Property and Real Estate Law

AI Generated Summary

Three farmers from Asikasu No.1 in Dormaa Central Municipality sued over land at Anyinasu near Asikasu, seeking declaratory title, injunction, further orders, and damages. They traced ownership to their maternal grandmother, Abena Gyabea, and uncles Kofi Yeboah and Kwaku Boah, who developed cocoa farms later destroyed by the 1983 nationwide fire and rehabilitated before defendants began asserting adverse claims in 2013. Defendants, including a mechanic and two farmers, claimed origin from Nana Okomfo Asenua, wife of Chief Nana Kwame Donkor, and asserted estoppel due to pending customary arbitration before the Dormaa Queenmother. Procedurally, the High Court struck out the suit for want of prosecution on 11 January 2017; a motion to relist was filed on 12 January, but settlement attempts ensued and failed. On 15 June 2017, the High Court again struck out the suit, erroneously stating no motion had been filed. On appeal, Justice S. Dzamefe JA explained the distinction between ‘struck out’ and ‘dismissed,’ found an error apparent on the record, set aside the order, directed that the relistment motion be heard by a different High Court, and allowed the appeal.

JUDGEMENT