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Adonkwanta Stool v. Motodua Stool & 1 ORS

2015

COURT OF APPEAL

GHANA

CORAM

  • M.OWUSU, (J.A.) - Presiding
  • DORDZIE, (J.A.)
  • GYAN, (J.A.)

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The case involves a dispute over the traditional lands known as Ahenkro lands. The 1st claimant, Adonkwanta Stool, accused the 2nd claimant, Motodua Stool, of encroaching on its land. The 3rd claimant, Benkumhene of Krachi representing the Keanae Stool, also claimed a portion of the land. The initial trial was held in High Court, Ho in 1986, transferred to the Stool Lands Boundaries Settlement Commission, and later brought back to the High Court under the Stool Lands Boundaries Settlement (Repeal) Act 2000 (ACT 587). The High Court ruled in favor of the 1st claimant, establishing the boundaries. The 2nd claimant appealed, but the appeal was dismissed as the judgment was supported by the evidence on record. The court reiterated principles for testing traditional history and handling conflicting traditional histories.

JUDGMENT