[1966]DLSC1693 • June 30, 1966 • Supreme Court •
FORI vs. AYIREBI AND OTHERS
The appellant, the Jadamwa stool, claimed ownership of land bounded by several rivers and streams, asserting absolute ownership and seeking damages for trespass, accounts, and injunction against respondents including the Banka stool, Ofoase stool, and a syndicate claiming portions of the land. The Banka and Ofoase stools contested the boundaries and ownership, asserting rights over parts of the land based on ancient agreements, tenancy, and family arrangements. The syndicate claimed to have purchased land portions from the appellant and Ofoase stool. The dispute involved complex boundary and ownership claims among stools and tenants.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. This is an appeal from a judgment of Apaloo J. (as he then was), given in the High Court, Kumasi. The claim which is for (i) damages for trespass, (ii) accounts and (iii) injunction, was made originally against the first fifteen defendants, some of the respondents herein. The first co-respondent, hereinafter referred to as the Banka stool, was joined upon his application; the main grounds he relied upon for his application are contained in paragraphs (5), (6) and (7) of his affidavit in support of the application and are: “(5) There is an agreed boundary between the Banka stool land and the Jadamwa stool land, and by further agreement from ancient times the Banka stool is entitled to one-half of the interests and profits of the Jadamwa stool land, recently placed on a permanent basis by an arbitration before the Bodwesangohene in proportions of one-third for Banka and two-thirds for Jadamwa. (6) The la.....