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NANA OSEI MENSAH BONSU v. NANA ASSAW DRAMANI ALIAS NANA ASSAW & ANOTHER

2021

COURT OF APPEAL

GHANA

CORAM

  • TANKO AMADU JSC (PRESIDING)
  • H.A. KWOFIE J.A
  • A. OPPONG J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law
  • Tort Law

AI Generated Summary

The appeal arose from the High Court, Sunyani, where the Chief of Yefri, acting for the Yefri Stool under the Nkoranza paramountcy, sought declarations that the Babatorkuma settlement lands fall under Yefri’s caretakership, damages for trespass, and a perpetual injunction. The Respondents—led by the head of the Gonja community at Babatorkuma and the Tuluwe Wura—denied the claims, asserting historical conquest and continuous possession since 1948 and raising laches, acquiescence, and limitation. On appeal, the court treated capacity as a threshold issue, finding that the Appellant’s own pleadings acknowledged Nkoranza Stool’s ownership, yet he lacked authority from the Nkoranzahene or a lawful instrument to sue. It also enforced procedural rules and struck out the misdirection ground for lacking particulars. Affirming the trial court, the court held the action was statute-barred under section 10 of NRCD 54 due to the Respondents’ adverse possession and dismissed the appeal.

JUDGMENT