BOI STOOL & ORS v. DANIEL ADDOQUAYE ADDO & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- KANYOKE JA (PRESIDING)
- ADUAMA OSEI JA
- TORKORNOO (MRS.) JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiffs initiated legal action in 2007 against the Defendants, challenging a High Court order and seeking a declaration of title to Boi land on grounds of alleged fraud by the Numo Nmashie family. The case builds on a history of litigation, including Civil Appeal No. 49/80 and Suit No. L.323/83, which had established the Numo Nmashie family's title to the disputed land. The High Court in 2011 declared the previous judgments null and void due to fraud. The Defendants appealed the 2011 judgment. Upon review, the appellate court found insufficient evidence to support the High Court's fraud finding and upheld the defendants' title to the disputed land, including granting recovery of possession and nullification of grants made to the plaintiffs. The appeal was allowed, reversing the High Court's 2011 decision, thereby re-establishing the earlier rulings favoring the Numo Nmashie family.
ADUAMA OSEI
In this judgment, the Plaintiffs/Respondents are referred to as “the Plaintiffs”, and the Defendants/Appellants are referred to as “the Defendants”.
On the 26th of February, 1976, after hearing rival claims by claimants 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 15th 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 27th 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 holding that the plaintiffs were estopped from re-litigating the 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 12th 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