VICTOR YANKSON v. EBUSUAPANYIN KWEKU ATTA
November 30, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE ABOAGYE TANDOH, HIGH COURT JUDGE
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
November 30, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This Ghana High Court judgment by Justice Aboagye Tandoh resolves a dispute over a 111‑acre parcel at Pomadze, Winneba, between a Winneba‑based lawyer (plaintiff) and the head of the Royal Twidan Family of Gomoa Pomadze (defendant). The plaintiff purchased the land in 2004 from the family, represented initially by Ebusuapanyin Kwesi Tawiah and stool occupant Nana Kwesi Arhin; after Tawiah’s death, the indenture was executed by the chief, Nana Kwesi Arhin. The plaintiff took possession and identified the land’s boundaries. In recent years, the defendant allegedly re‑alienated portions to third parties. Applying the Evidence Act (NRCD 323) and family land principles, the court found the plaintiff proved title and that the family retained no interest to pass on. The court entered judgment for the plaintiff, granting declaration of title, recovery of possession, and a perpetual injunction, and noted no order as to costs or damages after the plaintiff waived them.
J U D G M E N T
The Plaintiff on the 27th day of April, 2022, caused a Writ of Summons to be issued
against the Defendant herein and claimed for the following reliefs:
a. Declaration to all that piece or parcel of land situate lying and being at Pomadze, Winneba in
the Central Region of the Republic of Ghana bounded on the North by the property of the Royal
Twidan family of Pomadze measuring two thousand two hundred (2200) feet more or less, on the
West by the Winneba-Swedru road and measuring two thousand two hundred (2200) feet more
or less, on the south by the Royal Twidan family of Pomadze and measuring two thousand two
hundred (2200) feet more or less
on the East by the Royal Twidan family of Pomadze and measuring two thousand two hundred
(2200) feet more or less and covering an area of one hundred and eleven (111) acres more or less.
b. Recovery of possession of the portions alienated by the Defendant to third parties and an order
of perpetual injunction restraining the Defendant, whether by his agents, assigns, hirelings,
privies, and/or any person(s) claiming under or through him and whatsoever described from
creating any third party rights and or interest in the land described in (a) above by way of sale,
collateral, security, mortgage, novation, sub-lease or in any manner whatsoever.
c. in the alternative to (b) above an order for the purported grantees of Defendant or occupants
of the Plaintiff’s land by any means to attorney tenancy to Plaintiff or demolition of their
structures on the land at the cost of the Defendant.
d. general damages for trespass and costs incidental to the suit.
THE BRIEF FACTS OF THE CASE
It is the case of the Plaintiff a Lawyer by Profession that he lives in Winneba whilst the
Defendant is the Head of Family and the stool caretaker of the Royal Twidan Family of
Gomoa Pomadze.
Plaintiff avers that sometime in 2004, he acquired a land at Gomoa Pomadze from the
Royal Twidan Family of Gomoa Pomadze represented by the then Ebusuapanyin Kwesi
Tawiah and the then stool occupant Nana Kwesi Arhinfor a fee and the transaction was
covered by documents. The Plaintiff further avers that before the indenture was
executed, Ebusuapanyin Kwesi Tawiah passed on and the indenture was executed by
Nana Kwesi Arhin, the then Chief of Gomoa Pomadze and the successor of the
Ebusuapanyin Kwesi Twidan (the Defendant herein).
The Plaintiff avers that he took immediate control and possession of the land, and
erected