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KWAKU JONAS v. NANA KWAME NKRUMAH & ANOTHER

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, J.A. (PRESIDING)
  • ADJEI, J.A.
  • ACKAH-YENSU, J.A

Areas of Law

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

AI Generated Summary

An appellate panel of the Ghana Court of Appeal, presided by Justice Marful‑Sau with Justices Dennis Adjei and Ackah‑Yensu, addressed a dispute over Bodi stool land at Kofiano and Kankyeabo. In 1974, the farmer received two one‑mile parcels from Chief Nana Kwesi Gyabeng with elders’ consent, paid a customary drink and demarcation fee, and cultivated cocoa, later granting an abunu tenancy to Godwin at Kankyeabo. In 1997, the new chief of Sefwi‑Bodi, with the second appellant’s support, unilaterally took over the Kankyeabo farm and appropriated its proceeds, disputing the acquisition. The High Court dismissed the counterclaim, protected the farmer’s possession, ordered accounts from 1997, granted a perpetual injunction, and awarded damages. On appeal, the Court of Appeal re‑examined the record, found no customary sale (no Guaha), characterized the arrangement as a flexible customary tenancy requiring a one‑tenth tribute, affirmed the injunction and accounting orders, clarified that limitation cannot be raised without pleading, and dismissed the appeal.

JUDGMENT