[2010]DLCA3129 • January 29, 2010 • Court of Appeal
NANA ATWERE BEDIAKO vs. OSEI OSWUSU ALIAS OSEI OWUSU ACHAW
The respondent, as chief of Amanfrom and occupant of the Abondwease stool, granted 15.4 acres of land to the appellant in 1990 on the condition that the appellant would provide electricity and pipeborne water to the community and pay a token sum of GH¢270. The appellant paid the money but failed to fulfill the other obligations and unlawfully demarcated and sold parts of the land to private developers. The respondent sought declarations of title, forfeiture, recovery of possession, and injunction against the appellant. The appellant denied breach of conditions, claimed some sales were with elders' consent, and counterclaimed for title declaration alleging fraud by respondent's elders.
read moreFRANCIS G. KORBIEH J.A.: This is an appeal against the judgment of the High Court, Kumasi presided over by His Lordship Frank Amoah, J. The brief facts leading to the appeal are as follows:- on the 23/1/2003, the plaintiff/respondent (hereinafter referred to as the respondent) sued the defendant/appellant (hereinafter referred to as the appellant) in the Kumasi High Court claiming the following reliefs: “(a) Declaration of title to all that 15 acre piece and parcel of land encompassing situate and lying at Amanfrom near Kumasi and bounded by the properties of Abondease Stool land. (b) Declaration that the defendant is liable to forfeit the land described in paragraph (a) ( c) Order for recovery of possession of the said 15 acre parcel of land. (d) Order of perpetual injunction against the defendant herein whether by himself or his servants, agents workmen or assigns from in anyway interfering with the plaintiff’s possession occupation and enjoyment of the said plots.”...