NARTEY KWASI & ANOTHER v. ASANTE & OTHERS

This appeal arises from a decades-long land dispute over Kumferi on Begoro Stool land. The respondents, a syndicate of Krobo farmers known as Mawu Suom & Co., claimed they purchased the land directly from W. S. Obiri Bekoe in 1953 and have continuously possessed and developed it with cottages, schools, cocoa, and food crops. The defendants included five individuals and co-defendants representing Obiri Bekoe & Co., who counterclaimed that their syndicate acquired land in 1924. After trial, Kwofie, JA, sitting as an Additional High Court Judge, granted declaration, damages for trespass, recovery of possession, and a perpetual injunction, and refused accounts; the counterclaim was dismissed. On appeal, Gyan JA held that under NRCD 323 long, undisturbed possession raised a presumption of ownership, the appellants failed to prove identity between their Brosankan land and the Kumferi tract, and offered no credible evidence to rebut the presumption or support tenancy claims. The PNDC committee’s administrative finding carried no legal force. The Court of Appeal dismissed the appeal and affirmed the High Court’s judgment, with Acquaye JA and Mabel Agyemang JA concurring.