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NANA KWAME GYABENG KYEMONO II & OTHERS v. THE FORESTRY COMMISSION & OTHERS

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, JA (PRESIDING)
  • HONYENUGA, JA
  • AYEBI, JA

Areas of Law

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

AI Generated Summary

This Court of Appeal decision arises from a boundary dispute over admitted farms B1, B2, B8, B9, and B14 within the Krokosua Forest Reserve, Sefwi Juabeso. Plaintiffs/appellants sought perpetual injunctions to prevent respondents from re‑demarcating boundaries, cutting crops, and harassing them on lands previously demarcated and released to their stools by the Forestry Commission. Respondents counter‑claimed that owners had unlawfully expanded the farms beyond original gazetted sizes and sought re‑demarcation using the Wiawso Group Forest Working Plan (1935, amended 1954). The High Court dismissed both parties’ claims except granting re‑demarcation. On appeal, MARFUL‑SAU, JA held appellants failed to prove the identity and extent of the lands, rendering injunction relief impossible under settled land law, and further found the writ was incompetently endorsed with only ancillary injunctive remedies. The court struck out argumentative grounds under Rule 8(5) and dismissed the appeal, leaving re‑demarcation in place.

JUDGMENT