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OPPONG KOFI & ORS v. OPPONG KOFI & ORS

April 29, 2010

SUPREME COURT

GHANA

CORAM

  • DR. DATE-BAH, JSC
  • ADINYIRA (MRS), JSC
  • BAFFOE-BONNIE, JSC
  • ARYEETEY, JSC

Areas of Law

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

AI Generated Summary

Nana Ohene Atta II, Omanhene of the Lower Axim Traditional Area and head of the Royal Nvaviley Family, sued the Ewuku Nvaviley Family for declaration of title to 15 square miles of stool lands, possession, damages for trespass, injunction, and invalidation of a 1984 statutory declaration (SDI.924/84) issued by Adia Kpole. Defendants’ ancestors, settlers from Abassie in the Ahanta area, had been permitted to occupy and farm at Ewuku and paid tribute to the Lower Axim stool, but later asserted broader rights and alienated lands beyond Ewuku. The High Court dismissed the claim, recognizing defendants’ usufruct coexisting with the stool’s allodial title. The Court of Appeal allowed the appeal, relying on forfeiture for denial of allegiance. On further appeal, the Supreme Court found the CA’s reliance on forfeiture inappropriate beyond Ewuku, held the statutory declaration invalid under Act 389 section 4, affirmed the stool’s allodial title, and ordered tailored reliefs: declaration of title outside Ewuku, injunction, negotiation for trespassers, and nullity of SDI.924/84.

JUDGEMENT