[2011]DLCA3120February 25, 2011Court of Appeal

DOMINIC MENSAH vs. OSEI KWADWO AND OTHERS

MARIAMA OWUSU J.A On the 12-10-09, the Circuit Court, Obuasi dismissed the plaintiff’s claim and gave judgment for the defendants as follows; “[a] A declaration that the land the subject matter of this suit, [PLOT NO. 13 E, BLOCK B, BEDIESO-OBUASI] forms part of the Akrokerri Stool Lands. [b] A declaration that the land was granted to the Ghana Association of Garages, Zone Z Bidieso-Obuasi to which both the plaintiff and defendants are members. [c] Perpetual Injunction restraining the plaintiff, his servants, agents etc from interfering with the use of the land in dispute. I shall assess cost of GH¢300.00 in favor of the defendants against the plaintiff." Dissatisfied with the decision of the court, the plaintiff appealed to this court. The Grounds of Appeal are; A] That the trial court erred when it held that the plot of land, the subject matter of the dispute was part of Akrokerri Stool Land. B] The trial court erred when it held that the Akrokerri Stool could allocate...