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EBUSUA PANYIN KWA KAKRABA SUING FOR HIMSELF & ON BEHALF OF THE ROYAL AWENADZE FAMILY OF EDUKROM 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
  • Constitutional Law

AI Generated Summary

The Supreme Court of Ghana, per Anin Yeboah, JSC, dismissed the appeal by a member of the Royal Adwenadzi family of Edukrom who sought a declaration that, as overall head, he alone controlled Edukrom lands. The High Court had found that after Kwesi Bos tenure no lawful overall head existed and barred both parties from holding themselves out as head, while imposing an injunction to halt further alienation. The Court of Appeal affirmed dismissal, discharged the postjudgment injunction on crossappeal, and declared title in favor of the respondents Edu Abekwa section and the Edukrom stool, relying on numerous adjudications and the Supreme Courts Hanna Assi (No. 2) precedent. In the Supreme Court, several vague grounds were struck out under CI 16 Rule 6(5); counsel failed to show any overlooked evidence; and the appellant was found not to have discharged the burden of proof. The court upheld the discharge of the injunction as an unfairly exercised jurisdiction.

JUDGMENT