BOI STOOL & 13 ORS vs. DANIEL ADDOQUAYE & 2 ORS

The case arose from a dispute over ownership and compensation related to land acquired by the State at Adjancote Hill. The government acquired 25.031 acres for a television station, leading to compensation claims by three families including the Numo Nmashie Family of Teshie (3rd Defendant). The State Lands Tribunal initially awarded compensation to Nana Adu Mireku Agyemang III, but the Court of Appeal reversed this in favor of the Numo Nmashie Family, recognizing their possession of lands contiguous to the acquisition area. The Plaintiffs challenged this, alleging the Court of Appeal's decision was procured by fraud, particularly concerning a composite survey plan listing seventy villages as belonging to the Numo Nmashie Family, many of which the Plaintiffs claim do not belong to them. The dispute escalated to claims of ownership over approximately 72,000 acres and seventy villages, far exceeding the original 25.031 acres acquired by the State.

JUDGMENT AMADU JSC:- INTRODUCTION (1) My Lords, on the 22nd day of March 2023, we allowed this appeal by reversing the judgment of the Court of Appeal dated 26th November, 2015 and restored the judgment of the High Court dated 8th March 2011 “Subject to such modifications and variations as are contained in the reasoned decision of this court….” We now proceed to give our reasons; (2) At the heart of this appeal, is an invitation to this court to determine the scope and effect of the decision of the Court of Appeal arising from a compensation claim from which the 3rd Defendant family, (described as Co-Defendant) the Numo Nmashie Family emerged victorious. The decision of the State Lands Tribunal in favour of the Nana Adu Mireku Agyemang III by Abban J. (as he then was) was reversed in favour of the Numo Nmashie Family of Teshie (3rdDefendant/Respondent herein) by the Court of Appeal coram of Apaloo C.J, Boison J.A and Wiredu J.A (as he then was). This appeal therefore involv...