PITIKO-KWAHU STOOL v. ABETIFI-KWAHU STOOL

RULING

DOTSE, JSC:-

This ruling has been triggered by the application filed on the 7th of May 2019, by learned Counsel for the 1st Claimant/Appellant/Appellant/Applicant, hereafter Applicant, “praying for an order to explain the demarcation of the land belonging to the parties in accordance with the Judgment delivered on 29th November 2017 upon the grounds set out in the accompanying affidavit.”

In an affidavit sworn to on behalf of the Applicant’s herein by Nana Boateng Pitikohene, he deposed to as follows:-

That in respect of the suit in respect of which the Applicants, and the 2nd Claimants/Respondents/Respondents, hereafter Respondent had been engaged in, reference Suit No. J4/38/2011, the Respondents herein were adjudged the victorious party on 29/11/2017.

Following the delivery of the said judgment, learned counsel for the Respondent stool filed an entry of judgment dated 20th April 2018 together with a site plan which the counsel for the Respondent described as “Supreme Court Site Plan”.

The Applicant further deposed that, in the course of the trial, the land in dispute was captured in the map and described as “plan of land in dispute shaded yellow, supposed to be the property of the Pitiko or Abetifi Stool”

It was further deposed to that, following the service of the said site plan, the Respondents herein have resorted to encroaching on the land which has previously been in the exclusive possession of the Applicant.

As a result of the said “Supreme Court Map” it was deposed to that the Respondents had started alienating land which had been under the control of the Applicant stool.

It was basically upon the above stated facts that the Applicants prayed this court in the interest of justice and to avoid further litigation, that a Government Surveyor be appointed to demarcate carefully the boundaries of the parties.

AFFIDAVIT IN OPPOSITION

Despite an affidavit in opposition, sworn to by Nana Asiedu Agyeman III of Abetifi-Kwahu, on behalf of the Respondents, which opposed the said application in very unsavoury language, which was frowned upon by the court, this court on the 11th day of May 2019 granted the application in the following terms.:-

“After listening to the parties, we order that the Regional Surveyor of the Eastern Region to prepare the notice to draw the judgment plan based on the decision of the Stool Lands Boundaries settlement which decision was confirmed by the Supreme Court. The parties are to come back for further descript