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F.K.A. CO. LTD. & ORS v. NII TETTEY OKORH ARYEE & ORS

March 27, 2019

COURT OF APPEAL

GHANA

CORAM

  • ADJEI J.A. (PRESIDING)
  • TORKORNOO, J.A.
  • GAISIE J.A

Areas of Law

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

AI Generated Summary

The Court of Appeal, per Gertrude Torkornoo J.A., considered an appeal from a High Court land division ruling in LD1243/16 concerning Danchira lands. FKA Company, with Rebecca Ofosua and Kwabena Amoateng, asserted acquisitions from the Djan‑Bi Amu family and sought declarations, damages, and injunctions. The 1st Defendant/Appellant, Nii Ayikai Akrama II, Dzasetse of Danchira, claimed on behalf of four Asere composite families (Sawerpramano, Amanfo, Juabeng, Kubeshishie). Earlier litigation (AL 22/2007) had resulted in a 2010 High Court judgment—later reinstated by the Supreme Court in 2016—holding that Danchira lands belong to those Asere families, dismissing FKA’s title and granting possession and injunction. Appellants moved under Order 11 rule 18 to dismiss LD1243/16 as res judicata and abusive; the High Court partially preserved fraud and post‑judgment registration issues. On appeal, the Court held that fraud must be strictly proved and alleged fraud on the Lands Commission post‑judgment could not impeach a judicial decision. Res judicata barred Respondent’s claims. Exercising Rule 32, the Court struck out all pleadings and allowed the appeal with GHȼ5,000 costs.

JUDGMENT