[2018]DLSC240 • January 31, 2018 • Supreme Court •
RICHARD APPIAH-NKYI vs. NANA ACHINA NUAMAH V (ASSUOWINHENE) (FOR AND ON BEHALF OF ASSUOWIN STOOL)
The respondent claimed ownership of six plots of land at Twindurase within Assuowin Stool land, granted in 1999 by the Odikro of Twindurase and the Ahwerewa Abusuapanyin of Kotwi, and ratified in 2003 by the appellant, occupant of the Assuowin Stool. The respondent developed the land and sought formal allocation papers, which the appellant refused to issue despite demand and readiness to pay customary drinks. The appellant denied the grant and ratification, counterclaiming for declaration of void grant and damages.
read moreThis is an appeal against the judgment of the Court of Appeal dated 27th October, 2016 in which judgment the court upheld the decision of the Circuit Court , Kumasi that was given in favour of the plaintiff/respondent/respondent, hereinafter to be referred to as the respondent. In the Circuit Court the respondent claimed against the defendant/appellant/appellant, to be called the appellant, for a declaration that six plots of land at Twindurase within Assuowin Stool land in the Ashante Region were granted to him in 1999 by Nana Etwi Kwaku, Odikro of Twindurase and Opanin Akwasi Addai, Ahwerewa Abusuapanyin of Kotwi and that the grant was endorsed and ratified in 2003 by the appellant who is the occupant of the Assuowin Stool. The respondent stated that when the appellant ratified his grant he permitted him to develop the plots pending the issuance of formal allocation papers upon completion of a re-demarcation scheme appellant was then preparing for the area. Consequently he constructe...