BOI STOOL v. DANIEL ADDO QUAYE & ORS
November 14, 2023
SUPREME COURT
GHANA
CORAM
- S. TORKORNOO (MRS) C.J (PRESIDING)
- LOVELACE –JOHNSON
- AMADU
- KULENDI
- KOOMSON JJSC
November 14, 2023
SUPREME COURT
GHANA
CORAM
Try asking the following...
For avoidance of doubt of judgment of this Court is clarified as follows:
(1) That the judgment in CA No. 49/80 to the extent that it purports to vest 72,
000 acres of land in the Numo Nmashie family is fraudulent,
(2) That the judgment in CA 49/80 dealt with compensation for approximately 25
acres of land at Ajankote and nothing more,
(3) That all judgments , rulings, orders , writs of possession obtained on the back
of the judgment in CA 49/80 and based on an entitlement of the Numo Nmashie
Family to 72,000 acres of land are equally fraudulent, and consequently declared
null and void.
(4) That the lands commission is directed to expunge all registrations, and
certificates issued to the said Numo Nmashie Family in respect of the 72,000 acres
of land , and
(5) That all third parties in possession and deriving title through the Numo
Nmashie Family prior to the Supreme Court judgment are not to be
dispossesed but are to attorn tenancy to the relevant stools or families as the case
may be.
There shall be no order as to costs.
(SGD) G. SACKEY TORKORNOO (MRS)
CHIEF JUSTICE
(SGD) A. LOVELACE -JOHNSON (MS)
JUSTICE OF THE SUPREME COURT
(SGD) I.O TANKO AMADU
JUSTICE OF THE SUPREME COURT
(SGD) E. YONNY KULENDI
JUSTICE OF THE SUPREME COURT
(SGD) G. K. KOOMSON
JUSTICE OF THE SUPREME COURT
AI Generated Summary
In a clarificatory judgment, the Supreme Court, per Chief Justice G. Sackey Torkornoo, addressed widespread land claims connected to the Numo Nmashie Family. The Court stated that Court of Appeal case CA No. 49/80 did not vest ownership of 72,000 acres in the family; rather, it dealt solely with compensation for approximately 25 acres at Ajankote. As a result, the Court declared fraudulent and null all judgments, rulings, orders, and writs of possession premised on a 72,000-acre entitlement. It further directed the Lands Commission to expunge registrations and certificates issued to the family concerning the 72,000 acres. To protect persons in possession who derived title through the family, the Court ordered they not be dispossessed, but instead attorn tenancy to relevant stools or families. No order as to costs was made.