[2023]DLCA17537 • November 23, 2023 • Court of Appeal
ADU 2 COMPANY LTD vs. KWAKU DUKU
The respondent, a registered company, claimed lawful mineral rights over approximately 89.78 acres of land known as 'Obosomadum Rock and Area' and alleged illegal interference by the appellant, who purported to be the chief of Krobo Buoho, including unauthorized land sales and obstruction of mining operations. The appellant denied these claims, asserting authority from the stool and disputing the respondent's rights and permits. The dispute involved allegations of trespass, destruction of property, and illegal land alienation.
read moreJUDGMENT BAAH, J.A A. BACKGROUND On 17 February 2021, the plaintiff/respondent (hereafter respondent), which is a registered company, instituted an action against the defendant/appellant (hereafter appellant), whom the respondent described as carrying “himself out as the chief of Krobo Buoho’’, for a number of reliefs, including: (a) a declaration that the respondent is the due and lawful holder of mineral rights or is a licensee of a piece of land described as “Obosomadum Rock and Area’’, measuring an approximate area of 89.78 acres, (b) an order declaring the alleged interference by the appellant and his agents as illegal, (c)damages and (d) an order for perpetual injunction. On 12 April 2021, the appellant filed a statement of defence in which he denied the assertions of the respondent. Issues were thus joined, and the foundation of a legal battle was set. Before the issues for trial could be settled for the on-set of full legal hostilities, the respondent approach...