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REV. SAMUEL KWABENA OFEI v. KWABENA AMOAFO AND TWO OTHERS

1999

COURT OF APPEAL

GHANA

CORAM

  • WOOD J. A. (PRESIDING)
  • BROBBEY J. A.
  • ARYEETEY J

Areas of Law

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

AI Generated Summary

The Court of Appeal, per Brobbey J.A., reviewed a land dispute arising from a 1954 grant of virgin forest at Atom on Nkawie and Nyinahin stool lands to ten Akuapem citizens, including the appellant. The appellant cultivated cocoa on his parcel and allowed Kwame Tano (PW1) to farm part; the first respondent initially assisted PW1 and later obtained an abunu tenancy from the Odikro of Atom over the same disputed land, precipitating litigation. The High Court dismissed the appellant’s claim, but on appeal the Court found that the trial judge erred about the appellant’s knowledge of his boundaries, possession, and the applicable evidentiary standard. Boundary owners’ testimony and a 1978 plan supported the appellant; Exhibit 1 lacked weight under Act 122; and reallocation by the successor stool violated nemo dat. The Court unanimously allowed the appeal, declared the appellant entitled to the land, ordered accounts from the first respondent, and granted a perpetual injunction within the terms of the 1954 agreement.