November 28, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Ghana High Court, per His Lordship Justice Kwame Amoako, issued a consent judgment in a land dispute at Sefwi Ackaakrom, Asiedukrom area, bounded by the properties of Kwadwo Badu and Kofi Awotwe, the Sefwi Ackaakrom township, and the Fiafa stream. The plaintiff, Mr. Matthew Addy Nkuah, sought declaration of title, possession, damages, and an injunction. With mutual agreement, the case was referred to Kyeame Nkwantabisa of Sefwi Wiawso for ADR. After executing Terms of Settlement, the court, applying section 72 of the Courts Act, 1993 and confirming compatibility with section 1 of the ADR Act, 2010, adopted the settlement as a consent judgment. The land was divided equally along the Fiafa River: the northern portion to Mr. Nkuah and the southern to Nana Yaw Boli. The court clarified that no title was proven and the judgment binds the parties without conferring title; no costs were awarded.
JUDGMENT
Per the Amended Writ of Summons filed on 18th October 2021, the Plaintiff claims
against the Defendants jointly and severally as follows:
a. A declaration that title to all that piece or parcel of land situate Sefwi Ackaakrom
at a place commonly called “Asiedukrom” sharing boundaries with the
properties of Kwadwo Badu, Kofi Awotwe, the Sefwi Ackaakrom township and
the “Fiafa” stream is vested in the Plaintiff and his siblings.
b. Recovery of possession of the land in dispute described in relief (a) supra.
c. Damages for trespass.
d. An order for perpetual injunction restraining the Defendants, their agents,
assigns, workmen, etc. from in anyway dealing with the land in dispute.
On 25th March 2022, the Parties prayed this Court for the case to be referred to Kyeame
Nkwantabisa of Sefwi Wiawso for amicable settlement. With the agreement of the
Parties, the case was accordingly referred to Kyeame Nkwantabisa for amicable
settlement.
On 25th November 2022, the Parties herein filed a Settlement, duly executed by the
Parties, and prayed this Court to adopt same as its consent Judgment.
The relevant part of the said Settlement provided as follows:
“… the said piece of land has been divid[ed] into two equals by a River called
“Fiafa”.
On 10th September 2022, we justified the [con]clusion that the said land should
be shared equally between both parties using the river as boundary without any
interferences and both parties agreed upon for peace to prevail.
That the Northern part of the land was given to MR. ADDY NKUAH
MATTHEW of which Mr. Abednego Addai was his representative and also the
Southern part or portion of the land right behind River “Fiafa” was also given to
NANA YAW BOLI of Asawinso as agreed by both parties accordingly.”
The Court is required by law to promote reconciliation through Alternative Dispute
Resolution (ADR) means in appropriate cases.
Section 72 of the Courts Act, 1993 (Act 459) deals with promotion of reconciliation in
civil cases and provides as follows:
“(1) A Court with civil jurisdiction and its officers shall promote reconciliation,
encourage and facilitate the settlement of disputes in an amicable manner
between and among persons over whom the Court has jurisdiction.
(2) When a civil suit or proceeding is pending, a Court with jurisdiction in that
suit or proceeding may promote reconciliation among the parties, and encourage
and facilitate the amicable settlement of the suit or proceedi