ODIKRO KOFI NYARKO v. CHIEF KOJO ABOAGYE SUBSTITUTED BY CHIEF KOJO ABOAGYE ABABIO

WINDSOR-AUBREY, J adjudicated a land title dispute concerning property edged in purple on Exhibit 1. A prior proceeding between the opposing occupant and Chief Kwesi Boadu had resulted in a small area being awarded to Boadu; he was joined here but withdrew, disclaiming any interest. The opponent asserted the entire tract was historically pledged to the claimant for a 13-shilling loan, and that he and his forebears tried to repay but were thwarted. The court considered physical features—the Barguru stream on the west and Kotokuom Nkwanta to the east—and, after hearing all the evidence, rejected a boundary-based challenge as lacking force. Assessing credibility and conduct, the judge found the claimant restrained and the opponent pugnacious, yet cautioned against relying on demeanour alone, instead weighing tribute payments by occupants, the small sum at issue, and the fact of long undisturbed possession. The defence’s explanations for the pledge and failed repayment were unconvincing. Concluding the pledge claim was false, the court declared the claimant owner, granted a declaration of title, noted the assessor agreed, and awarded costs (including counsel’s fee of seventy-five guineas).