[1987]DLCA743 • April 2, 1987 • Court of Appeal
GHANA CONSOLIDATED DIAMONDS LTD vs. BOAHENE AND ANOTHER
The plaintiff sued the defendant company for recovery of possession of approximately 23 acres of land at Akwatia Yawaso fetish lands, alleging unlawful possession by the defendant. The plaintiff also claimed damages for trespass and a perpetual injunction. The defendant counterclaimed for a declaration of a valid concession over the disputed land and a perpetual injunction restraining the plaintiff from interfering with their concession. The dispute centered on whether the 'Ayawa fetish land' was excluded from the defendant's concession or merely subject to use limitations.
read moreJUDGMENT OF AMPIAH J.A. The plaintiff-respondent (hereinafter referred to simply as the plaintiff) sued the defendant-appellants-company (also referred to hereinafter simply as the defendant-company) for: “(a) . . . recovery of possession of all that piece or parcel of land situate and being at Akwatia (Yawaso fetish lands) and bounded on the north by S K Awuah’s concession and on the south-west and west by Akwatia stool lands or otherwise described as all that piece or parcel of land containing an approximate area of 23 acres situate at Akwatia and lying to the south of Aman Pumping Station and to the West Akim Abuakwa District of the Eastern Region of the Republic excluding the fetish, all residential buildings and sheds in the area which piece or parcel of land the defendants have taken possession of without lawful excuse. (b) ¢200,000 damages for trespass. (c) Perpetual injunction against the defendants, their servants or agents. On 10 March 1978 the plaint...