NENE TEI DJAHENE KORABO IV v. MANKRALO TETTEH LAMIIYOR & ORS
2022
COURT OF APPEAL
GHANA
CORAM
- SENYO DZAMEFE, J.A, (PRESIDING)
- MERLEY WOOD, J.A
- ERIC BAAH, J.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal case arises from a land dispute between the Manya Clan of Jorpanya, led by Nene Tei Djahene Korabo IV, and members of the Lekpedje Division and Doryumu regarding a 3,020.118-acre tract near the Jorpa River and an adjacent cemetery. The plaintiff sought declaration of title, possession, and an injunction restraining burials due to public health concerns after Environmental Health warnings and District Assembly intervention. The 1st defendant denied plaintiff’s capacity and ownership, claiming a 35,000-acre Lekpedje tract and the cemetery as their ancestral burial ground. The High Court rejected the plaintiff’s title and awarded the cemetery to Lekpedje while noting the counterclaim was only partially proven. On appeal by rehearing, the Court of Appeal found misapplication of the burden of proof, contradictions and lack of identity evidence from the defendants, consistent historical descent of the Manya with the Nadu shrine, possession and overt acts by the plaintiff, and weightier recent acts favoring the Manya. The Court of Appeal allowed the appeal, declared title and possession to the plaintiff, granted a perpetual injunction against burials, and dismissed the counterclaim.
DZAMEFE, JA
The plaintiff/appellant, referred to as the plaintiff issued this writ against the defendant/respondents, also referred to as the defendants for the following claims;-
a. Declaration of title to all that piece or parcel of land particularly described at paragraph 3 of the statement of claim.
b. Recovery of possession of the area designated to defendants as cemetery.
c. Perpetual injunction restraining the defendants, their servants, workmen, assigns etc. from burying dead bodies at the site designated for burial near the Jorpa stream.
The plaintiff in his statement of claim averred that he is the head of the Manya Clan of Jorpanya of Shai State and bring this action for himself and on behalf of the Manya Clan of the Shai State.
He described the land in issue at paragraph 3 of his statement of claim thus;-“Manya clan of Jorpanya are the owners of a large tract of Land situate at Jorpanya (Manya) and is approximately 3020.118 acres or 1222.2 hectares and is bounded in the North by Kordiabe Land measuring 1111.7ft more or less, in the North East measuring 3824.6 feet more or less, in the East measuring 6824.6 feet more or less, in the South East measuring 13275 feet more or less in the South West measuring 4714.4ft more or less”.
Plaintiff averred that the Manya Clan shares common boundaries with Doryumu by the Otchreme stream which flows into the Jorpa River from the Shai Hills, onto the eastern side, covered by the Game and Wild Life Reserves, on the side of the road.
It is his claim that the Manya Clan permitted the defendant and his Lekpeje division to bury their dead at an area demarcated for burial near the Jorpa River which is within the area described above. According to the plaintiff it has become impossible to continue to bury dead bodies there because the Jorpa River, when it overflows its banks erodes the soil as well as decayed bodies into the said river which is also the source of drinking water for the people downstream. Plaintiffs said the Environmental Health Authorities have warned the Manya Clan to desist from further burying dead bodies at the area since the practice was injurious to the health of the community.
The plaintiff avers further that the Lekpedje division of Kordiabe have been warned to stop burying their dead at the said site but they have refused to heed to the numerous warnings and are using force to bury their deceased at the area leading to confrontation and threatens the peace in the area.
Plaintiff s