NANA OBONBO SEWURA LUPUWURA II VS AWIAGAH FORDJOUR TAHIRU & ORS
2024
HIGH COURT
GHANA
CORAM
- CHARITY A. ASEM (MRS), J.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, as the paramount chief of the Akyode Traditional Area, commenced an action against the defendants claiming ownership of the Nkwanta market land and seeking to set aside a consent judgment the defendants obtained fraudulently. The 1st and 2nd defendants counterclaimed ownership, stating the land was under Challa jurisdiction and was a gift from their ancestors. The court, after examining the evidence, found that the consent judgment included fraudulent terms and was therefore set aside. The court declared the plaintiff the rightful owner of the disputed land.
The plaintiff commenced this action against the defendants on 20/01/2020. The reliefs contained in the indorsement on the writ of summons are: i. A declaration that the plaintiff’s Akyode stool is the owner of the Nkwanta market land described in paragraph 6 of the statement of claim.
An order of perpetual injunction to restrain the 1 st & 2nd defendants from laying any claim to the Nkwanta market land or any vacant portion thereof.
An order of the Court setting aside the consent judgement of the District Magistrate Court dated 20 th January, 2017 in the suit intitule Awiagah Fordjour Tahiru & Anor.
Vrs. GPRTU of Nkwanta & 3 Ors.
on grounds of fraud.
A declaration that the plaintiff is entitled to recover the vacant portion of the land described in paragraph 14 which the 3 rd defendant failed to utilize for the purpose for which it was granted.
The plaintiff’s case as pleaded in the amended statement of claim filed on the 1/02/2021, and amended reply and defence to counter claim filed on 26/03/2021 has it that, the plaintiff is the current paramount chief of Akyode Traditional area.
He said the 1 st defendant is a farmer resident at Nkwanta.
The 2nd defendant ais a businessman also resident in Nkwanta.
According to the plaintiff, as the occupant of the Akyode Paramount Stool is the owner of all parcels of land situate and being at Nkwanta.
Plaintiff gave his boundaries as follows: On one side by the Republic of Togo, on the second side by the Adele people, on the third side by the Nawuri’s and on the fourth side by the Nanumba’s. It is the plaintiff’s case that, his predecessor in title Nana Oberko Agyei II was the one who released the land in dispute to the then Nkwanta District Assembly upon th which the Nkwanta Market was established about 40-years ago.
That the 4 defendant, the GPRTU of TUC of Nkwanta was then permitted by the then Nkwanta District Assembly to use part of the land for lorry station.
According to plaintiff, on his blind side the 1 st and 2nd defendants herein had entered th into terms of settlement over the use of the Nkwanta lorry station with the 4 defendant.
Relying on the strength of the purported consent judgment the 1 st and 2nd defendants have been harassing those in occupation of the market land granted to them by the plaintiff’s stool even long before the market was constructed.
Plaintiff continued that, the 1 st and 2nd defendants are using the Consent Judgment of the District Court Nkwanta to lay adverse claim o