NANA OBONBO SEWURA LUPUWURA II VS AWIAGAH FORDJOUR TAHIRU & ORS

This High Court land and procedure dispute arose when the Akyode Paramount Chief of Nkwanta sued to declare the Akyode stoola7s ownership of the Nkwanta market land, restrain adverse claims by two local defendants, and set aside a 2017 District Magistrate Court consent judgment obtained in litigation involving the Nkwanta GPRTU. The plaintiff maintained that his predecessor granted the market land to the District Assembly decades ago and that the defendants, Challa settlers under Akyode, were improperly using the consent judgment to assert title and eject long-standing stool grantees. The court found the consent judgment tainted by deception and fraud, including a recovery-of-possession clause not sought on the writ and the inclusion of fourteen non-parties without notice or service, rendering the judgment void for lack of jurisdiction and violation of natural justice. On the merits, the court accepted the plaintiffa7s paramountcy, found the defendantsa7 derivative title claim and boundary description confusing and unsupported, dismissed their counterclaim, recognized the plaintiffa7s entitlement to recover vacant portions not used for their intended purpose, and awarded costs of GHa215,000.