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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

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.

JUDGMENT