[1992]DLHC10259 • October 25, 1992 • High Court
KRAMO vs. AFRIYIE
The plaintiff sued the defendant at the District Court Grade II, Nkoranza, claiming declaration of title and recovery of possession of land at Bepotintinso on Techiman stool land, perpetual injunction, and damages for trespass. The defendant challenged the jurisdiction of the court, asserting the land was situated on Offinso stool land, not Techiman stool land, thus the District Court Grade II, Techiman, had no jurisdiction. The trial magistrate ordered a survey, which showed the land lay in Ashanti Region, outside the jurisdiction of the Nkoranza court, and dismissed the suit for lack of jurisdiction with costs against the plaintiff.
read moreThis is an appeal against the ruling of the District Magistrate Grade II, Nkoranza, wherein the plaintiff's action was dismissed for ouster of jurisdiction. The plaintiff sued the defendant at the District Court Grade II, Nkoranza, claiming: (a) Declaration of title to and recovery of possession of a piece of land at a place called Bepotintinso on Techiman stool land; (b) Perpetual injunction; and (c) Damages for trespass. After the writ of summons had been served on the defendant she filed a motion challenging the jurisdiction of the court upon the ground, as disclosed by her supporting affidavit, that the land in dispute at Bepotintinso is "situated at Afrancho on Offinso stool land and not . . . on Techiman stool land as falsely alleged by plaintiff and that the District Court Grade II, Techiman, had therefore, no jurisdiction over the matter. The defendant therefore claimed, that the District Court II Offinso, had jurisdiction to try the case. When the motion came ...