Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

ESSOUN II v YEMO AND OTHERS

March 17, 1981

HIGH COURT

GHANA

CORAM

  • WUAKA J.

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Equity and Trusts

AI Generated Summary

Bedumhene sued stranger farmers to compel them to attorn tenant, recover possession, restrain interference, and claim damages, asserting that a 9 January 1979 Stool Lands Boundaries Settlement Commission decision placed their farms within Bedum stool land. The defendants countered that they had absolutely purchased and possessed the land from the Anyinasu stool since 1930, made customary payments, registered written instruments in 1947 and 1948, and had openly occupied and developed the land for decades, raising laches, acquiescence, estoppel, and statutory limitation. The court held it could not review the Commission’s decision on appeal and, on the available record, the plaintiff failed to prove defendants’ lands were within the adjudged area. Independently, the Limitation Decree, 1972 (NRCD 54) barred recovery after 12 years, extinguishing the plaintiff’s title to recover; continual claims did not preserve rights. Estoppel by conduct further precluded the claim. The action was dismissed with costs to the defendants.

JUDGEMENT