2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff, acting on behalf of the Royal Brom-Entsi Aboradze Stool Family, sought declaratory reliefs to establish ownership of land in Edumadze and to prevent Defendants from alienating portions of that land. The High Court ruled against the Plaintiff, deciding that a 1960 judgment (Exhibit 'B') estopped the current claims based on the doctrine of res judicata. The Plaintiff's appeal was dismissed as the appellate court affirmed the High Court's findings, supporting the Defendant's position and emphasizing that Plaintiff lacked effective possession of the land and failed to provide sufficient evidence to counter the earlier rulings. The application of estoppel per rem judicatam principle was upheld, preventing the re-litigation of the land ownership claims.
Irene Charity Larbi (Mrs.) J.A.
(1) This is an appeal in a land dispute decided by the High Court, Cape Coast in a judgment delivered on 30th July, 2014.
(2) The Plaintiff/Appellant sued as regent of the Royal Brom-Entsi Aboradze Stool Family of Edumadze Mankessim. The reliefs sought in the writ of summons are the following:-
parcel of land lying and being situate at Edumadzie in the Mfantsiman District Area, Central Region, of Ghana, which is bounded on the North, by the property of the Takyina Family of Twafo street of Mankessim and on the South by the property of the Amoana Family of Abonko, and on the East by the property of the Oduma Family of Biddan and on the West by the property of the Aboradzi Family of Amaafo street of Mankessim, rest with the Plaintiff’s Original Royal Brom-Entsi Aboradzie Family of Edumadzie …………who hails from the lineage of the late Nana Brom-Entsi (deceased) of Edumadzie.
have any lawful right to alienate or make any grant whatsoever of any portion of the disputed land described supra, without reference to the Plaintiff’s Brom-Entsi Aboradzie Family of Edumadzie.
hitherto made by any or all the Defendants, of any portion of the disputed land to anybody is illegal and same be so declared null and void.
General damages for trespass.
An order for the recovery of the disputed property and/
or in the alternative, an order that the 1st Defendant and members of his family and anybody claiming title to any portion of the disputed property must attorn tenancy to the Plaintiff.
account of proceeds accruing from the grant of any portion of the disputed land made by the Defendants to anybody.
agents, servants, assigns and anybody claiming through them from alienating or making a grant of any portion of the disputed land.
(3) A summary of the case of the Plaintiff/Appellant and the Defendants/Respondents is well captured by the High Court (Trial Court) in the judgment as follows:-
The gist of the Plaintiff on the pleadings is that he is the regent of the Royal Brom Entsi Aboradzie Stool Family of Edumadzie-Mankessim and brings the action for himself and on behalf of other members of the said family. It was his story that his th