NAI OTUO TETTEH vs. OPANYIN KWADWO ABABIO (DECEASED) AND NAI KOJO ADU II

JUDGMENT PWAMANG, JSC:- Before the court is an appeal against the judgment of the Court of Appeal dated 27th June, 2016. The facts relevant for the determination of this appeal are not in dispute. By a writ of summons filed in the High Court, Agona Swedru on 31st December, 2002 the plaintiff/respondent/respondent, to be called the respondent, sued Opanyin Kwadwo Ababio of Awutu claiming that a parcel of land at Aboansa in the Central Region is the property of Anona Chochoe family of Awutu and for perpetual injunction. The Defendant filed a defence and counterclaimed for a declaration that the land was the property of Gyandodey Anona family of Awutu. Though the two families have a common origin, they each claimed exclusive ownership of the disputed land. After Summons for Direction were filed the parties submitted themselves to an amicable out of court arbitration and arrived at a settlement. They filed the minutes of the arbitration in the High Court and prayed the court to...