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COMFORT ABENA FOSUA VS NANA PINAMANG

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE CYNTHIA MARTINSON [MRS]

Areas of Law

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

AI Generated Summary

Comfort Abena Fosua, head of the Nana Yaa Akyaa family of Obomeng-Kwahu, sued the chief of Obomeng, Nana Pinamang, seeking declaration of her family’s usufruct interest, recovery of possession, damages for trespass, and an injunction over land bounded by the Presbyterian Church, properties of Grace Oduraa and Kwadwo Frimpong, and Abotari road. She alleged the chief allowed construction of public toilets and bathrooms for commercial use on their family land without consent, destroying crops and obstructing access. The defendant argued it was a government initiative under the Kwahu South Municipal Assembly and that the area was reserved near electricity lines, and he disputed her capacity. Applying Ghanaian civil standards and land law, the court found the plaintiff proved capacity and title through long possession; no compulsory acquisition occurred, and the assembly had dealt with the stool rather than the true owners. The court declared title for the family, ordered recovery and an injunction, held that the facility would pose health risks without comprehensive assessment, and awarded costs.

JUDGMENT