[2024]DLCA17865November 28, 2024Court of Appeal

MRS. HANNAH AGYEI. vs. CHIEF INPECTOR RTD. YAW GYASI BOATENG &MAAME ABRAFI

JUDGMENT OBENG-DIAWUO JA. INTRODUCTION: This is an appeal from the judgment of the High Court Kumasi dated the 8th day of April 2022, in which the Learned Trial Judge entered judgment for the Plaintiff/Respondent hereinafter the Plaintiff against the Defendants/Appellant hereinafter the Defendants. The Learned Trial Judge also proceeded to dismiss the respective counterclaims filed by the Defendants. THE FACTS The facts leading to /the instant case and the instant appeal unfolded this way: One Adwoa Fremah is admittedly a member of the ‘Asona’ family of Nfensi where the Defendants also come from. It is the contention of the Defendants that, whiles they belonged to the same ‘Asona’ family with Adwoa Frema, there are two branches of same made up of Adwoa Nkrumah faction and Kwakyewaa branch. The Defendants contention is that they belonged to the Adwoa Nkrumah faction which owns the subject land whiles the Plaintiff’s grantor Adwoa Fremah belonged to the Kwaky...