[2024]DLCA17602 • February 8, 2024 • Court of Appeal
ASAMOAH BOAKYE vs. GHANA EDUCATION SERVICE AND AIRTEL GHANA LTD
The respondent, Asamoah Boakye, sued on behalf of himself and siblings as beneficiaries of their late mother Akua Agyeiwaa's estate, claiming title, possession, damages for trespass, and injunction over a parcel of land at Aputuogya, Ashanti Region. The dispute arose after Airtel Ghana Ltd constructed a mast on land the respondent claimed as family property. The Ghana Education Service (GES) claimed the land was state property acquired during colonial times and has been in possession since 1989. The 2nd defendant (Airtel) did not contest the suit. The Circuit Court ruled in favor of the respondent, awarding damages and costs. The appellant (GES) appealed the decision.
read moreJUDGMENT BAAH, J.A A. BACKGROUND This appeal challenges the decision of the Circuit Court, Kumasi, dated 26 May 2021, coram: Ali Baba Abature J, sitting as an additional Circuit Court Judge. The legal hostilities over the subject parcel of land situate at Aputuogya in the Ashanti Region, began with the issuance of a writ of summons by the plaintiff/respondent (hereafter respondent) in the Circuit Court, Kumasi, by which he sought in substance the reliefs of: (a) Declaration of title to the disputed land (b) Recovery of possession (c)damages for trespass (d) Perpetual injunction and (e) Litigation costs. The 1st defendant/appellant (hereafter appellant) which filed a statement of defence to contest the case, did not counterclaim. The 2nd defendant decided not to partake in the hostilities. It notified the court of its intention to atone tenancy to whomsoever emerged victorious. The contest was accordingly between the respondent and the appellant. The respective cases of the...