[2014]DLCA5341 • July 16, 2014 • Court of Appeal
OSAGYEFO NANA ABOAGYE III vs. TERBA EDUKU AND 2 OTHERS
The respondent, as head of the Mamfole Family of Ankruagin, claimed title to a parcel of land known as Ankruagin against the appellants. The appellants counterclaimed title to a 4 square mile piece of Nuba Stool land near Amoalewasuazo. The dispute centered on ownership and boundaries of the land, with the respondent relying on historical documents and the appellants on timber concessions and possession evidence.
read moreHONYENUGA, J.A. This is an appeal against the judgment of the Circuit Court, Takoradi dated the 2nd day of May 2012. The said court gave judgment to the plaintiff/respondent. In this appeal, the plaintiff/respondent would be referred to as the respondent and the defendants/appellants as the appellants. The facts of this appeal are that the respondent as the head of his family caused a writ of summons which was amended later to be issued against the appellants claiming as follows:- “(a) The plaintiff being the Head of the Mamfole Family of Ankruagin claims against the defendants for declaration of title to all that piece or parcel of land known as “Ankruagin” and bounded on all its sides by Corporal Manu/Anhwiafutu Junction – Elubo Motor road, the Elubo Stool Land, the Tanoso river/stream and the property of Nngyoa Ackaah. (b) An order for recovery of possession and damages for trespass thereunto. (c) Perpetual injunction to restrain the defendants, their agents, assigns,...