[2009]DLCA7749 • February 26, 2009 • Court of Appeal
AWULAE ATTIBRUKUSU III (PLAINTIFF/ APPELLANT) vs. OPPONG KOFI, ARDE, EMMANUEL YANKSON KWOFIE, OWUO AND ISHACK KORNEH (DEFENDANTS/ RESPONDENTS)
The Plaintiff/Appellant, as Omanhene of Lower Axim Traditional Area, claimed title and possession of a 15 square mile land within Lower Axim Stool lands against the Defendants/Respondents, who asserted usufructuary title over portions of the land. The dispute involved claims of ownership, possession, trespass, and the validity of a statutory declaration made in 1984 by the predecessor of the 1st Defendant. The Plaintiff/Appellant alleged the land was Stool land and that the Defendants were not immediate family members entitled to the land, while the Defendants claimed ancestral acquisition and possession, paying tribute to the Stool until 1982.
read moreHONYENUGA J.A. This is an appeal from the Judgment of the High Court, Sekondi dated the 27th day of February 2007. The facts underlying the appeal are that on the 17th day of June 1996, the Plaintiff/Appellant as the Omanhene of Lower Axim Traditional Area claiming for himself and the Royal Nvaviley Family of Lower Axim and the Stool issued a writ against the Defendants/Respondents, their Servants, Agents/Assigns etc. for:- a. DECLARATION OF TITLE to all that piece and parcel of land situate, lying and being within Lower Axim Traditional Area in the Western Region of Ghana measuring 15 square Miles and bounded on the North by the Main Axim-Takoradi Motor Road, on the South by Agyemfra Stool Lands on the West by Domunli/Agyan and Akonu Stool Lands and on the East by Agyambra and Abura Stool Lands. b. RECOVERY OF POSSESSION c. DAMAGES FOR TRESPASS d. PERPETUAL INJUNCTION against the Defendants, their Agent and/or Servants, Assigns and Workmen etc. from interfering with Plaintiff ...