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JAMES TOWN NGLESHIE & ORS

July 7, 2022

COURT OF APPEAL

GHANA

CORAM

  • G. S. SUURBAAREH, JA (Presiding)
  • MERLEY WOOD, JA
  • J. BARTELS-KODWO, JA

Areas of Law

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

AI Generated Summary

Presiding Justice G. S. Suurbaareh, JA delivered a consolidated Court of Appeal judgment arising from boundary disputes among nine stools in the Awutu, Gomoa and Ga areas originally adjudicated by Commissioner Amorin in 1984 and later partly retried in the High Court in 2018. The Stool Lands Boundaries Appeal Tribunal had remitted zone one for retrial, directing insertion of 48 villages and permitting James Town Ngleshie Amanfro to adduce evidence. Over time, the retrial lost focus and the High Court’s 2018 judgment dismissed the claims of James Town Ngleshie Amanfro and Gomoa Fetteh and purported to prefer the claims of Papase, Odupong Ofankor, Awutu and Senya Breku without specifying villages. The Court of Appeal set aside the 2018 judgment, enforced the limited scope of retrial, and, after evaluating the record, held that James Town Ngleshie Amanfro proved stool ownership to the 48 villages and certain Odupong Ofankor grants, rejected Gomoa Fetteh’s claims (including a self-generated 2013 plan), dismissed the 1984 appeals by Senya Breku and Awutu paramountcy, and affirmed the 1984 boundaries for zones two and three, directing preparation of a judgment plan.

JUDGMENT