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NII NARH DOWUONA II, SUBST. BY NII NOI KOFI AND FURTHER SUBST. BY EBENEZER NARKU OKWEI AND FURTHER SUBST. BY EMMANUEL NORTEYE v. ADDOKWEI TETTEH OLEWOLON, SUBST. BY DANIEL ADDOQUAYE ADDO AND BENJAMIN TETTEH ADDOQUAYE; ABOTCHE TETTEH OLEWOLON; AZARIA ADJEI KLU, SUBST. BY NII JOHN NMASHIE

June 21, 2006

SUPREME COURT

CORAM

  • MISS AKUFFO, J.S.C. (PRESIDING)
  • DR. TWUM,J.S.C.
  • DR. DATE-BAH, J.S.C.
  • ANSAH, J. S.C.
  • ANINAKWAH, J.S.C

Areas of Law

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

AI Generated Summary

Authored by Justice R. T. Aninakwah, this Supreme Court decision concerns a title and trespass dispute over an 87.68‑acre parcel at Boi near Abokobi. The Mantse of Boi, acting for the Boi Stool, claimed that the defendants from Abladzei were licensees permitted to farm on the northeastern portion of Boi land who had recently asserted ownership and trespassed. The Numo Nmashie family of Teshie, joined as co‑defendant through its head Nii Azaria Adjei Klu, and the defendants denied the claim, arguing the land belongs to the Nii Ashong Lomotey family by a customary grant from the Numo Nmashie family dating back about two hundred years, and relied on Civil Appeal No. 49/80 which declared the Numo Nmashie family owners of the Adjancote Hill acquisition and contiguous villages. The High Court dismissed the plaintiff’s claims and the Court of Appeal unanimously affirmed. On further appeal, the Supreme Court held the plaintiff’s traditional evidence was internally contradictory, failed to establish title or possession, and that CA 49/80’s determinations estopped relitigation; the appeal was dismissed and the Court of Appeal judgment affirmed.

JUDGMENT