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EBUSUA PANYIN KWA KAKRABA v. KWESI BO

2012

SUPREME COURT

GHANA

CORAM

  • ADINYIRA (MRS.), JSC (PRESIDING)
  • ROSE OWUSU, JSC
  • DOTSE, JSC
  • ANIN YEBOAH, JSC
  • GBADEGBE, JSC

Areas of Law

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

AI Generated Summary

The Supreme Court of Ghana, per Anin Yeboah, JSC, dismissed an appeal by a member of the Royal Adwenadzi family of Edukrom who sought declarations that, as overall head of the family, he alone could deal with Edukrom lands. The appellant traced title to pre-colonial settlement and claimed customary succession to Kwesi Yaa, while the respondent, from the Edu Abekwa section, contended his section were original settlers and custodians of the Edukrom stool. The High Court held that since the tenure of Kwesi Bo no lawful overall head had been appointed and ordered both sections to cease alienation. The Court of Appeal dismissed the appellant’s appeal, discharged the injunction on cross-appeal, and declared title in favour of the respondent’s section and the stool, relying on prior judgments and Hanna Assi (No. 2). The Supreme Court struck out vague grounds under CI 16, upheld the discharge of the injunction, and affirmed the declaration of title, concluding the appellant failed to prove headship.