FORI v. AYIREBI AND OTHERS
1966
SUPREME COURT
CORAM
- LASSEY JJ.S.C.
- OLLENNU
- AZU CRABBE
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Equity and Trusts
- Commercial Law
- Evidence Law
1966
SUPREME COURT
CORAM
AI Generated Summary
The appeal court overturned the High Court's ruling, finding that the validated decision fixing the Debi river as the boundary was binding against Banka and that the Banka stool's participation in a land concession was statutory rather than indicating co-ownership. The court established that the Jadamwa stool had the rightful claim to the land, supported by executive decisions and survey evidence unchallenged by defendants. The court awarded damages, mesne profits, and an injunction against further trespass to the Jadamwa stool.
JUDGMENT OF OLLENNU J.S.C.
Ollennu J.S.C. delivered the judgment of the court. This is an appeal from a judgment of Apaloo J. (as he then was), given in the High Court, Kumasi. The claim which is for (i) damages for trespass, (ii) accounts and (iii) injunction, was made originally against the first fifteen defendants, some of the respondents herein. The first co-respondent, hereinafter referred to as the Banka stool, was joined upon his application; the main grounds he relied upon for his application are contained in paragraphs (5), (6) and (7) of his affidavit in support of the application and are:
“(5) There is an agreed boundary between the Banka stool land and the Jadamwa stool land, and by further agreement from ancient times the Banka stool is entitled to one-half of the interests and profits of the Jadamwa stool land, recently placed on a permanent basis by an arbitration before the Bodwesangohene in proportions of one-third for Banka and two-thirds for Jadamwa.
(6) The land held by the above-named persons, the seventh, eighth, tenth and eleventh defendants is within the Banka stool lands and two-thirds for Jadamwa.
(7) That the particulars of claim attached to the plaintiff's writ, namely, the claim that the northern boundary of Jadamwa stool land is the Deben river, takes in a large portion of Banka stool land. The boundary between Jadamwa and Banka is a watercourse named Nsamanfogore-Adowa and not the Deben river which is on Banka lands."
The second co-respondent, hereinafter referred to as the Ofoase stool, was joined upon his own motion; the grounds for the joinder are:
[p.632]
"(a) That Ampatatwum stool of Ofoase is the owner of the land in question now claimed by the plaintiff [appellant].
(b) That some time in the year 1925, my predecessor Nana Kwadjo Adjei I, the then occupant of the stool granted farming rights over portions of the land in question upon certain terms and conditions to Kwaku Ayirebi and some of the defendants herein, who have since such occupation thereof been observing and performing the said conditions.
(c) That the lands now occupied by the plaintiff were originally for the Ampatatwum stool of Ofoase but were later granted to the plaintiff 's stool by virtue of some family arrangement.
(d) That the interest of Ampatatwum stool of Ofoase in and to the lands now occupied by the defendants and claimed by the plaintiff would be greatly affected if I am not permitted to join in the suit now pending for determina