EMMANUEL JUSTUS BRIANDT v. NANA KWASI ANKRAH

Justice Anthony Oppong, JA, writing for the Court of Appeal, reviewed a land dispute at Springfield, Peduase, where the plaintiff sought declarations of title, damages, and an injunction over approximately 1.64 acres. The defendant, occupant of the Kitase stool, maintained that the land had been compulsorily acquired and vested in the Government of Ghana through Executive Instruments. After numerous adjournments and a clear warning, the plaintiff and counsel failed to attend the scheduled hearing on 29 April 2019; the High Court struck out the plaintiff’s case, heard the defendant and two witnesses, and entered judgment on the counterclaim. On appeal, the court held that, given the State’s acquisition under Act 125 and E.I. 27 (1963) and E.I. 105 (1977), title is vested in the President free of encumbrances, so the declaration of title for the defendant could not stand. The remaining reliefs—including recovery of possession, trespass damages, injunction, and costs—were affirmed, and the natural justice complaint was rejected.