BOI STOOL & 13 OTHERS vs. DANIEL ADDOQUAYE ADDO, BENJAMIN TETTEH ADDO AND NUUMO NMASHIE FAMILY

The case concerns a long-standing land dispute involving the Boi Stool and 13 others (Plaintiffs) and the Numo Nmashie family and others (Defendants). The dispute centers on ownership of land around Adjancote Hill, with prior conflicting decisions: a 1976 Lands Tribunal ruling favoring the Brekusuhene, reversed by the 1982 Court of Appeal in favor of the Numo Nmashie family. Subsequent litigation (Suit No. L.323/83) involved claims by the Boi Stool to approximately 87.68 acres, which was dismissed based on res judicata and failure to prove title. In 2007, the Plaintiffs challenged possession orders and sought declarations nullifying prior judgments on grounds of alleged fraud in the 1982 Court of Appeal decision. The High Court declared the 1982 judgment null and void due to fraud, prompting this appeal by the Defendants.

In this judgment, the Plaintiffs/Respondents are referred to as “the Plaintiffs”, and the Defendants/Appellants are referred to as “the Defendants”. On the 26th of February, 1976, after hearing rival claims by claimants in respect of the Adjancote Hill Acquisition, the Lands Tribunal made a determination in favour of the Brekusuhene and rejected the claims of the Numo Nmashie Family of Teshie and the Dowuona Family of Osu. The Numo Nmashie Family contested the decision of the Lands Tribunal in the then Court of Appeal and on the 15th of December, 1982, the Court of Appeal, in Civil Appeal No. 49/80, reversed the decision of the Lands Tribunal and declared the Numo Nmashie Family as the persons entitled to the compensation payable for the acquisition. In 1983, an action was commenced in the High Court in which, among other reliefs, the plaintiffs claimed a declaration of title to a parcel of land containing approximately 87.68 acres. The plaintiffs in the 1983 suit, Suit N...