EBUSUAPANYIN KWAMINA ESSOUN VS EBUSUAPANYIN BUHARI
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE BERNARD BENTIL
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought declaration of title and other reliefs against the Defendant, who counterclaimed. The court, referencing prior judgments and legal principles including res judicata, determined that the Plaintiff's action was barred. Even absent res judicata, the Plaintiff’s lack of recent ownership evidence favored the Defendant’s case. The Plaintiff's claims were dismissed and costs awarded to the Defendant.
The Plaintiff by this action is claiming against the Defendant the following reliefs: a. A declaration of title to ALL THAT land described in the Writ of Summons; b. Recovery of possession of the said land; c. Damages for trespass and d. Perpetual injunction The facts of this case are simple and comprehensible.
The Plaintiff, acting in his capacity as Ebusuapanyin of the Anona family of Kissi, has instituted this action on his own behalf and that of his family.
The Plaintiff asserts that the land in question was reduced to a secondary forest by their ancestor, Nana Essam Kojo, who led the family from Takyiman.
Initially seꢀling in Mankessim, the family later relocated to Komenda, where led by Nana Essam Kojo, they broke the virgin forest and established a seꢀlement known as "Kaneako. " Notably, Nana Essam Kojo, being the last surviving member of his original group, dug a well at Kaneako, naming it as such in recognition of the fact that he was now left alone, as all his brothers and sisters who had undertaken the journey with him had predeceased him.
The Plaintiff contends that Nana Essam Kojo, accompanied by his nephews and nieces, undertook the development of the area, including cultivation of farms, among other activities.
This development, we are told, shared boundaries with one Nana Kwame Egyir from the Kona family.
Furthermore, the Plaintiff asserts that subsequent to his family's seꢀlement at Kaneako, Nana Kwame Egyir visited the ancestors of the Defendant.
Allegedly, during this visit, Nana Kwame Egyir informed the Plaintiff’s ancestors that individuals claiming affiliation with the Anona clan had approached him seeking a place to seꢀle.
Subsequently, he purportedly guided them to the Plaintiff's ancestors, suggesting that they seek accommodation from them.
The Plaintiff asserts that their ancestors consented to accommodate the Defendant's ancestors and directed them to a location marked by an "Akyia" tree, which had been previously cleared from its original state as a secondary forest by the Plaintiff's ancestors.
It is alleged that the Defendant's ancestors established their residence at this designated site.
Furthermore, as a symbolic acknowledgment of the Plaintiff family's ownership of the land upon which the Defendant's ancestors seꢀled, it is claimed that whenever a chief was installed, they were ceremonially seated upon the lap of the head of the Plaintiff's family.
The Plaintiff contends that their family has maintained effective possession o