FREDERICK NYAMEKYE vs. F.K.A. COMPANY

The Plaintiff, F.K.A. Company, claimed ownership of a 95.194-acre land customarily granted by the Weija Stool in 1980, later incorporated in 1998, and alleged the Defendant trespassed on a portion of this land. The Defendant claimed to have acquired the disputed portion from the Weija Stool in 2002, contending the land was government-acquired and the Stool lacked title to grant it. The Plaintiff sought declarations of trespass, recovery of possession, injunctions, and damages. The Defendant counterclaimed ownership and possession of the disputed land, alleging the Plaintiff had alienated more land than granted and was estopped from suing due to prior litigation. The dispute involved multiple prior suits and complex title issues related to customary grants, government acquisition, and possession.

JUDGMENT ADJEI-FRIMPONG, JSC: On July 6, 2023, the Court of Appeal delivered judgment in this land suit in favour of the Plaintiff/Respondent/Respondent (herein “Plaintiff”). By that, the learned Justices wholly affirmed an earlier decision of the trial High Court which had upheld the Plaintiff’s case and dismissed the counterclaim of the Defendant/Appellant/Appellant (herein “Defendant”). Still unperturbed, the Defendant appeals in this Court. My Lords would have noticed from the record that but for an argument lately urged upon this Court to depart from its previous decision in another suit affecting the same subject matter, the issues in this appeal would not be unusual. Indeed, if one thing is clear from the record, it is that, this same subject matter has been many times, battled over in our courts over the years. We shall later deal with the issue about this Court’s departure from its previous decision which is of critical importance here, and determine its ...