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Nana Kwasi Darko II v. Samuel Kpakpo Allotey & ORS

2021

COURT OF APPEAL

GHANA

CORAM

  • Welbourne (Mrs), J.A. (Presiding)
  • Aryene (Mrs), J.A.
  • Baah, J.A.

Areas of Law

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

AI Generated Summary

This Court of Appeal decision, authored by Baah, J.A., concerns a High Court ruling that joined Dr. B. K. Kuma (Respondent)—who claims the Mantse title of Mayera-Owuraman—as a 7th Defendant to a civil land suit initiated by the gazetted chief of the Mayera Owuraman Stool (Appellant). The Appellant sought recovery of possession and a perpetual injunction over stool lands. The appellate court held that the substantive reliefs did not constitute chieftaincy matters and any chieftaincy issue was collateral. Drawing on Supreme Court authority, the court treated entries in the National Register of Chiefs as administrative but presumptive evidence of title, and found the Appellant’s gazettation decisive given the Respondent’s lack of registration and absence of any challenge to the gazette. Applying Order 4 Rule 9(1), the court concluded the Appellant had capacity to represent the stool. It found the High Court misapplied joinder principles; set aside the joinder, dis-joined the Respondent, and awarded GHS 5,000 costs.

JUDGMENT