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ADJI & COMPANY v. KUMANING

1982

COURT OF APPEAL

GHANA

CORAM

  • FRANCOIS
  • COUSSEY
  • ABBAN JJ.A

Areas of Law

  • Property and Real Estate Law
  • Equity and Trusts
  • Evidence Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

This appeal concerns a long-standing dispute over Otwereso stool land near Otwereso in the Eastern Region. In 1951, a syndicate of farmers obtained a grant from the Otwereso stool, entered possession, and developed cocoa and food-crop farms. In 1970, their arrangement was formalized in a lease (exhibit D) with the Akyem Abuakwa paramount stools concurrence. The defendant, successor to his granduncle Nana Antwi Awuah, claimed a prior grant to his ancestor and sought to reclaim the land, but neither the ancestor nor his successor objected during the plaintiffs decades of occupation. The Circuit Court dismissed the plaintiffs claims and upheld the defendants counterclaim, relying on a letter (exhibit 7) written while litigation was pending. The Court of Appeal held exhibit 7 inadmissible, found estoppel by acquiescence, rejected the lease forfeiture theory, and ultimately allowed the appeal, dismissing the counterclaim and granting a perpetual injunction.

JUDGMENT