NANA BOADU SEMERIKAH (NIFAHENE/REGENT OF ABADWUM STOOL) vs. NANA AKUA DWUM II & 2 ORS.

JUDGMENT SUURBAAREH, J.A This is an appeal against the ruling of the High Court, Obuasi dated 20th February 2023, which dismissed the plaintiff/appellant’s action, upon an application to dismiss the suit for lack of capacity; estoppel per res judicatam; and, being an abuse of the court process. The facts giving rise to the instant append are bereft of any complexities. The plaintiff/appellant, called appellant hereinafter, instituted an action against the defendants/respondents, called respondent henceforth, seeking a declaration of title, recovery of possession, damages for trespass and an order for perpetual injunction, in respect of a piece of land, particularly described. The appellant described himself as the Nifahene/Regent of Abadwum Stool, with the 1st respondent being described as Queen mother of New Edubiase, and the 2nd respondent as the Krontihene of Abadwum, with the 3rd respondent being described as agent/representative of the 1st and 2nd respondents.....