December 14, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court case concerns ownership and control of Abrobeano lands involving the Akona family of Kwahinkrom, the Nsona family of Abrobeano, and Major (Rtd) Korsah. Two suits were consolidated: E1/22/11, where the Akona family sued Major Korsah for trespass and injunction over Abrobeano lands; and E1/26/11, where the Nsona family sought declaration of title and injunction against the Akona family. The High Court in 2015 favored the Nsona family with a customary freehold subject to an Akona allodial title and dismissed Akona’s suit. On appeal, the Court of Appeal reversed, holding that res judicata from LS/15/92 and estoppel barred the Nsona family and Major Korsah’s claims and granted a perpetual injunction in favor of Akona control. The Supreme Court dismissed the present appeal, rejected a procedural misstep argument, clarified the derivative nature of customary freehold/usufruct interests, struck out a vague ground, and affirmed the Court of Appeal’s orders.
TORKORNOO (MRS.) JSC:-
The appeal before us has arisen from two cases that were consolidated and tried together. The first case was commenced on 20th December 2010 and numbered E1/22/11. In this first suit, the Akona family of Kwahinkrom acting by Ebusuapayin Kwamina Ackon, who was later substituted by Kwesi Essuon (Plaintiff/Appellant/Respondent to this appeal and hereafter referred to as Respondent) sued a man called Major (Rtd) Korsah (Defendant/Respondent/Appellant, herein referred to as 1st Appellant). His claims were for:
Special and General Damages against the defendant for winning literite on part of the Abrobeano lands, which belongs to the plaintiff’s family without any lawful authority.
Perpetual Injunction restraining the defendant, his agents, assigns and all who claim through the defendant from interfering with the plaintiff family’s ownership and possession of the Abrobeano lands which is bounded by the stool lands of Dominase stool, Aburansa stool and the Nsona family of Komenda.
In their Statement of Claim, the Respondent averred that the ownership of Abrobeano lands by the Akona family had been confirmed by both the Circuit Court, Cape Coast and the Court of Appeal, Accra in two separate judgments. The Circuit Court case was titled Akona family of Kwahinkrom v Kwame Mmonyi and 4 others (Defendants) and Nana Okrakow 111 (Co-defendant) with suit number LS/15/92.
It was their case that during the pendency of suit no LS 15/92 the 1st Appellant was resident in Abrobeano but took no steps to protect and vindicate any possible interest in the land. He had been served with copies of the judgments for his compliance. He also averred that the 1st Appellant was privy to the defendants in LS/15/92 in that Nana Okrakow 111 had testified that he was the one who put the 1st Appellant and persons associated with him on the Abrobeano lands. However the 1st Appellant had, without any lawful authority, started winning laterite on Abrobeano lands, permitted others to do so, and had also permitted others to do so. These activities formed the basis for the action against the 1st Appellant.
Defence of Major Korsah (1st Appellant)
His defence was that he is the chief of Abrobeano and the Abrobeano lands belong to the Nsona family of Abrobeano, and are not stool lands. He therefore cannot grant any portion of land to any person. He also averred that from 1995 to 2009, he had been suspended from the Traditional Council by the Omanhene of Komenda. He admitte