[2010]DLSC2519 • August 11, 2010 • Supreme Court •
NANA AMUA GYEBU XV vs. MONDIAL VENEER (GH) LTD
In 1993, the late Nana Amuah Gyebi XIV, predecessor of the plaintiff, granted 61 acres of stool land to the appellant company. After the plaintiff's enstoolment in 2001, he discovered the appellant had encroached on an additional 29 acres and was constructing a wall around it. The appellant claimed to have purchased the additional land from the predecessor chief. The plaintiff sued for declaration of title, recovery of possession, damages, and injunction regarding the 29 acres.
read moreWOOD (MRS), CJ:- On the 28th July 2010, we, as the second appellate court, dismissed the appeal against the judgment of the Court of Appeal (Civil Division) dated 23rd July, 2009, and reserved our reasons for coming to that conclusion. We state those reasons now. Because the facts leading to the commencement of the original action are indeed very simple, the issues of fact or law that arose for determination in the two lower courts and indeed in this court cannot by any stretch of imagination be described as complex. In 1993, the late Nana Amuah Gyebi XIV of Apowa, the predecessor of the Plaintiff/Respondent/Respondent (Respondent) respondent, acting with his elders, granted a 61 acre piece of stool land to the appellant company. However, according to the respondent, after his enstoolment in 2001 as Chief of Apowa, he discovered to his utter dismay that Defendant/Appellant/Appellant (Appellant), had encroached on an additional 29 acres of land and was in the process of constructing...