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EBUSUAPANYIN JOHN PEPE ABAIDOO vs EBUSUAPANYIN EKOW AWOTWE & ORS

2024

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE BERNARD BENTIL

Areas of Law

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

AI Generated Summary

This High Court judgment, delivered by His Lordship Justice Bernard Bentil, resolves an interpleader brought by Annan Jackson, Ebusuapanyin of the Kona Royal family of Moree, who claimed that the land known as Bomis belongs to his family and not to the Nana Amanyi Anona family of Moree Alata. The Plaintiff/Judgment Creditor had previously obtained default judgment in 2019 granting expungement of declarations, damages for trespass, recovery of possession, and an injunction, and later secured a writ of possession. Jackson traced ancestral occupation, boundaries, and caretakers and alleged the prior judgment was fraudulent and not on the merits. The court held interpleader is not a quasi-appeal and requires the claimant to prove title on the balance of probabilities. Applying section 12 of the Evidence Act, the court found Jackson adduced no substantial evidence of ownership, rejected counsel’s critique of the earlier judgment, and dismissed the interpleader, awarding costs of GH₵2,500 against the Claimant.

JUDGMENT