[2007]DLCA6546 • March 29, 2007 • Court of Appeal
OBAAHEMA NANA KRAB II vs. EMMANUEL SWANZY-KRAH
The Butumagyebu Stool, represented by the Plaintiff/Appellant, leased plot number 100A to the Defendant/Respondent. The disputed land, unnumbered and adjacent to plot 100A, was occupied by the Respondent who placed a metal container and commenced block manufacturing. The Respondent claimed to have purchased the disputed land from a deceased head of the Plaintiff's family and asserted that the land was reserved for road and public utility services. The Plaintiff sued for trespass, damages, and injunction. The trial court dismissed the claim, holding the land was public land reserved for way leaves and that the Plaintiff lacked capacity.
read moreHONYENUGA JA The brief facts of this appeal is that the Stool of Butumagyebu represented by the plaintiff/appellant is the lessor of the defendant/respondent in respect of plot number 100A. This transaction was reduced into writing. The disputed land which is unnumbered lies at the frontage of plot number 100A. The defendant/respondent leveled the land to commence a block manufacturing enterprise and so placed a Metal Container on it. When questioned by the plaintiff/appellants through letters and other medium, the defendant/respondent claimed that he had purchased that portion of the land from a deceased head of the plaintiff/appellant’s family. The defendant/respondent also claimed that the unnumbered plot was part of an area reserved for road and public utility service and therefore the land belonged to him. The plaintiff/appellant’s family dissatisfied with the turn of events caused a Writ of Summons which was later amended to be issued against the defendant/respondent claim...