BO! STOOL & 13 OTHERS v. DANIEL ADDOQUAYE ADDO & 2 ORS
2015
COURT OF APPEAL
GHANA
CORAM
- KANYOKE JA (PRESIDING)
- ADUAMAOSEI JA
- TORKORNOO (MRS.) JA
Areas of Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On February 26, 1976, the Lands Tribunal decided in favor of the Brekusuhene regarding the Adjancote Hill Acquisition. The Court of Appeal reversed this decision in Civil Appeal No. 49/80 in 1982, declaring the Numo Nmashie Family entitled to the compensation. In 1983, a suit was filed for declaration of title to 87.68 acres of land, and the High Court ruled for the defendants, citing res judicata. Appeals against this decision were dismissed. In 2007, the Boi Stool challenged the judgment's validity on grounds of fraud. The High Court declared the Civil Appeal No. 49/80 judgment null and void in 2011. The defendants appealed, arguing the fraud claim lacked evidence. This court found no fraud and upheld the previous judgments, emphasizing res judicata and setting aside the trial court's 2011 decision.
ADUAMA OSil In this judgment, the Plaiintiffs/Respondents are referred to as "the Plaintiffs", and the Defendants/Appellants are referred to as "the Defendants". On the 26"^ of February, 1976, after hearing rival claims by Glaimants in respect of the Adjancote Hill Acquisition, the Lands Tribunal made a determination in favour of the Brekusuhene and rejected the claims of the Numo Nmashie Family of Teshie and the Dowuona Family of Osu.
The Numo Nmashie Family contested the decision of the Lands Tribunal in the then Court of Appeal and on the 15*^ of December, 1982, the Court of Appeal, in Civil Appeal No.
49/80, reversed the decision of the Lands Tribunal and declared the Numo Nmashie Family as the persons entitled to the compensation payable for the acquisition.
In 1983, an action was commenced in the High Court in which, among other reliefs, the plaintiffs claimed a declaration of title to a parcel of land containing approximately 87.68 acres.
The plaintiffs in the 1983 suit.
Suit No.
L.323/83, claimed as the Boi Stool and their claim appeared to be based on the title which the Brekusuhene asserted in the Adjancote Hill Acquisition claim and also supported in Civil Appeal No.
49/80.
The defendants in Suit No.
L. 323/83 also asserted the title of the Numo Nmashie Family in their defence.
It is significant in this respect that in its reasons for its decision read on 27*^ January, 1999, the High Court noted that the parties in Suit No.
L.323/83 were the same as the parties in Civil Appeal No.
49/80.
The main issues that arose for determination in Suit No.
L.323/83 were whether or not the disputed land was included in the judgment in Civil Appeal No.
49/80 and whether or not in the light of the said judgment, the plea of res judicata availed the defendants.
On those issues, the decisions of the High Court were that the subject matter in Civil Appeal No.
49/80 formed part of the land in dispute in Suit No.
L.323/83, and that the plea of res judicata availed the defendants against the plaintiffs.
Apart from matters decided in Civil Appeal No.
49/80, the High Court held in Suit No.
L.323/83 that the plaintiffs failed, on the totality of the evidence before it, to prove their title to the disputed land.
This Court in its judgment dated the 12^ of November, 2004, dismissed the plaintiffs' appeal against the decision of the High Court in Suit No.
L.323/83, and the Supreme Court also affirmed the decisions of the High Court and this Court.