DR. ZAKPALA DERY EMMANUEL vs. KOFI BOAKYE DORMAA AHENKRO AND GAUSU RASHEED TWEAPEASIE

The appellant commenced an action in the Circuit Court, Dormaa Ahenkro on 30 November 2016 seeking declaration of title, recovery of possession, damages for trespass, and perpetual injunction in respect of land at Tweapeasie on Baabianeha Stool Land. The respondents later applied for stay of proceedings on the ground that a separate action had been commenced in the High Court, Sunyani by Nana Nkumsa Agyemang III against them concerning land described as Bantama Sere/Bantama Baabianeha on Dormaa Stool Land. The trial Circuit Court granted the stay, holding that the High Court action could affect the Circuit Court case. The appellant challenged that ruling on appeal. Portion of judgment: under “BRIEF FACTS” and the passages setting out the writ, the motion for stay, and the trial court’s ruling.

WELBOURNE, JA This is an appeal against the ruling of the Circuit Court, Dormaa Ahenkro on 10/10/2017. The said ruling is captured at 50 - 52 of the Record of Appeal. The Notice of Appeal appears at pages 60 - 61 of the Record of Appeal. In this appeal, the Plaintiff/Appellant is hereinafter referred to as the Appellant, while the Defendants/Respondents are hereinafter referred to as the Respondents. The Record of Appeal is also hereinafter referred to as the Record. BRIEF FACTS: The facts of this case cumulating in the present appeal as narrated by the Appellant is that, on the 30th day of November, 2016, the Appellant issued a Writ of Summons claiming the following reliefs: Declaration of title and recovery of possession of all that land situate at a place commonly known and called “Tweapeasie” on the Baabianeha Stool Land and bounded by the properties of Kofi Boakye (the Defendant herein), Osei Yeboah, Baabianeha Stool Land and the Kofi Badukrom Road which joins Gonokrom ...