OP. KWASI YEBOAH VS ALEX SALO & ORS
2024
HIGH COURT
GHANA
CORAM
- LORDSHIP JUSTICE GABRIEL NENE KWAO MATE TEYE
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Probate and Succession
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over land ownership in the Berekum Traditional Area of Ghana. The plaintiff, claiming ownership through inheritance from his late uncle's will, sued the defendants for trespassing on the land. The case highlights the importance of actively participating in legal proceedings and complying with court orders. The defendants' failure to prosecute their defense and repeated non-appearance in court led to a judgment in favor of the plaintiff. The court declared the plaintiff's ownership of the land, ordered the defendants' ejection, granted a perpetual injunction against further interference, and awarded damages and costs. This case underscores the legal weight given to properly executed wills and probate documents in establishing property ownership, as well as the consequences of failing to engage in the legal process when summoned.
The plaintiff instituted this action against the defendants jointly and severally on 17/10/2019, seeking the following reliefs; (a) A declaration that all that piece of fallow land situate at “PRUSO” or“KOBEDA” on the Abi sub-stool land in Berekum Traditional Area which said land shares boundaries with the lands of Oheneba Yaw Krah, Oheneba Kwasi Addai, Kwame Bour and Kweku Surveyor which said land was bequeathed to him by the late Nana Kwasi Gyan Ababio II, the late Odikro of Kutre No. 1 in his last will and testament dated 26/03/1996 and vested in him by Opanin Kwaku Forkuo of Kutre No. 1 aforementioned the sole executor of the said will after probate of the said will had been granted to him by the High Court, Sunyani on 17/04/2019, is his lawful property; (b) A declaration that the entry of the 1st and 2nd defendants unto the land described in paragraph (a) supra on the approval of the 3rd defendant is unlawful and constitute trespass; (c) General damages against the defendant for trespass; (d) An order for the ejection of the defendants from the said lands(e) An order of perpetual injunction restraining the defendants, their agents, assigns and servants from interfering with the plaintiff’s ownership and possession of the said land.
That in his statement of claim, the plaintiff described himself as a businessman and brings this action as a beneficiary of the last will and testament of the late Nana Kwasi Gyan Ababio II, the immediate past chief of Kutre No. 1 near Berekum.
The plaintiff says that Nana Gyan Ababio II (deceased) who was the chief of Kutre No. 1 in his lifetime was his uncle and in his lifetime, his said uncle had lands at a place commonly known as at “PRUSO” or “KOBEDA” on Abi sub-stool land in Berekum Traditional Area.
That the 1st fallow land at “PRUSO” or “KOBEDA” shares boundaries with the lands of Kwame Anto, Kwadwo Fordjour, Kwaku Surveyor and a stream called“Ankama Kruwa”. The 2nd fallow land at “PRUSO” or “KOBEDA” also shares boundaries with the lands of Kwame Diawuo, Okyeame Kofi Abebrese, Kwaku Surveyor and Opanin Kwame Nimo and the 3rd Fallow land of his deceased uncle in the same area shares boundaries with the lands of Oheneba Yaw Krah, Oheneba Kwasi Addai, Kwame Bour and Kwaku Surveyor.
The plaintiff’s late uncle, Nana Kwasi Gyan Ababio II died intestate at the Holy Family Hospital, Berekum in or around December 2007 and probate in respect of his last will dated 26/03/1996 was granted by the honourable high court, Sunya