[2018]DLCA5278 • May 23, 2018 • Court of Appeal
OBAAHEMAA OKOMFO ESSABA II vs. NANA BOTWE & 6 ORS.
The Plaintiff, a queen mother and member of the Aboradze clan of Gomoa Ekwamkrom, claimed ancestral title and possession of a parcel of land known as Amanfodo, alleging the Defendants, led by the chief of Agona Swedru, unlawfully trespassed, felled palm trees, and collected monies under false pretenses. The Defendants claimed title through their ancestor Nana Kwaa Tutu, asserting the Plaintiff's ancestors accessed the land by marriage and that payments made by the Plaintiff were rent arrears. The dispute involved overlapping claims to northern and southern portions of the land, with conflicting traditional histories and documentary evidence, including a 1925 agreement (Exhibit 'C').
read moreIRENE CHARITY LARBI (MRS) J.A. (1) This is an appeal against the decision of the High Court, Cape Coast dated 7th December, 2009 filed by the Defendants on 14th February, 2010. (2) The Plaintiff, upon service of the Notice of Appeal on her, on 1st March 2010 filed a Notice of Intention to contend that the decision of the High Court dated 7th December, 2009 be varied. (3) The brief facts of the case are as follows:- The Plaintiff by her amended writ filed on 02/12/98 claimed against the Defendants jointly and severally for; 1. Declaration of title to all that piece or parcel of land comprising smaller parcels popularly known as Kokoado, Abotse Akwa, Obotwe, Nkoransa, Kokoado etc. but collectively known as Amanfodo in the vicinity of Gomoa Osamkrom and Mangoase which piece or parcel of land is bounded on one side by the property of Kwakwa of Agona Family of Ekwamkrom and Agona Odoben, and by Yoko Family of Gomoa Osamkrom represented by Nana Amoa Dabi on one side by River Akora, on...