2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arose from a land dispute between Abusuapanin Samuel Osei Boadi, purported head of the Asenie family of Adeisina, and Nana Yaw Owusu Adom, Krobo Dikro, over the Kwagyei area and adjoining boundaries within the Krobo township and Adeisina stool lands. The High Court granted an interlocutory injunction restraining both parties from selling, transferring, or developing the land. On appeal, the Court of Appeal found that the Plaintiff admitted the land formed part of Adeisina stool land and, under Order 4 rule 9(1) and authority such as Gyamfi v. Owusu, only the occupant of the stool had capacity to sue for title. The court also held the trial judge failed to assess the legal/equitable right, balance of convenience, irreparable harm, and adequacy of damages, and improperly relied on the mere existence of triable issues. The court rejected an objection to the Defendant’s affidavit based on residential address omissions, finding any irregularity curable and waived. The appeal was allowed, the injunction set aside, and costs of GH₵6,000 awarded.
SIEDU, JA.
The Plaintiff/Respondent in this matter, Abusuapanin Samuel Osei Boadi (who shall hereafter be referred to as the Plaintiff), on the 24th July 2020, issued a writ of summons in the High Court, Kumasi in his capacity as the head of the Asenie family of Adeisina, Ashanti against the Defendant/Appellant, Nana Yaw Owusu Adom, hereafter referred to as the Defendant. In the said writ which was accompanied by a statement of claim, the Plaintiff claims against the Defendant:
a. A declaration that both the equitable and legal title/interest comprised in that large tract/piece of land bounded on all sides by the landmarks and properties of Ankyerena township, Antoa Stool Lands, Antoa Dwira township, River Nyankabra, Adeisina-Krobo-Ahodwo Road, Sisirase township and Adense township are exclusively vested in the Plaintiff’s maternal family to the complete exclusion of both Antoahene and Krobohene and any other person.
b. A declaration that the Plaintiff’s great granduncle Opanin Agyin Kosoku was the first person to settle on the whole land aforesaid on the mandate of the late Nana Osei Tutu I, Asantehene through Amakomhene, Nana Akosah Brempong I, and the Plaintiff and his said family have enjoyed peaceful possession and enjoyment of the land having exercised contemporary and or recent acts of ownership over same without any interruption/disturbances from anyone until 2020 when the Defendant unlawfully started “selling” or transferring portions to strangers for development.
c. Damages for Trespass.
d. Recovery of possession.
e. Accounts in respect of all plots of land sold by the Defendant for valuable consideration.
f. And any other relief(s) which this Honourable Court may deem fit having regard to the peculiar facts of this case.
A statement of defence was filed on behalf of the Defendant on the 3rd day of September 2020 in which the Defendant made a counterclaim against the Plaintiff for:
1. A declaration that all that tract/stretch of land popularly called Kwagyei area sharing boundaries with Ahodwo Stool land on the North side marked by the Nyankabena River; Dwurafie Stool Land on the West side marked by the Anunsu stream; Adeisina Stool land on the South-East side marked by the Anunsu stream and the Adeisina-Krobo-Ahodwo road forms part of the Antoa Krobo Stool land and title to it is vested in the Antoa Krobo Stool.
2. A declaration that the Plaintiff and his Asenie Family of Adeisina are bound by the judgment/award given by the Antoa St