Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

Awuku Konglo Bokor and Thomas Kwaku Amesimeku v. Mankralo James Asafo (Dec.) and 1 Ors

March 10, 2006

COURT OF APPEAL

GHANA

CORAM

  • Aryeetey, J.A. (Presiding)
  • Anim, J.A.
  • Apaloo, J.A.

Areas of Law

  • Property and Real Estate Law
  • Tort Law
  • Equity and Trusts
  • Civil Procedure

AI Generated Summary

The Court of Appeal, per Apaloo, J.A., affirmed a High Court judgment arising from a decades-long dispute over a 500-acre tract known as Bokor land. The Bokor family claimed ownership through an ancestor’s acquisition from Gbettor of the Gevier clan. The 1st Defendant’s Afloto family, descended from Asafo, had lived on the land for over 300 years by Bokor’s permission, without tribute or internal boundary demarcation. The 2nd Defendant asserted title to adjacent Dzawoe land founded by Tsrienye and relied on prior judgments to fix boundaries. The appellate court upheld the trial judge’s boundary determination consistent with a 1916 judgment and a 1940 decision, found no basis for trespass damages because the palm trees’ location was not proven to be within the Plaintiff’s exclusive domain and the Afloto family’s occupation was permissive, denied a perpetual injunction as unconscionable given centuries of possession, and declined to review costs, dismissing both the Plaintiff’s and 2nd Defendant’s appeals.

JUDGMENT