[2025]DLCA18386 • April 30, 2025 • Court of Appeal
ABUSUAPANIN ADUSEI DARKO vs. OSEI YAW AND OSEI BONSU AND SAMUEL ASARE
Plaintiff, as Abusuapanin of the Asona Royal Family, filed suit seeking declaration of title and possession over disputed plots of land in Sepaase, Ashanti Region, which are stool lands vested in the Asona Royal Family. Defendants failed to defend, leading to interlocutory judgment and final judgment in Plaintiff's favor dated 30 March 2021. Applicant, a stranger to the suit, later filed a motion with leave of the 2nd Defendant to set aside the judgment, claiming ownership of some disputed plots and lack of service of court processes on him. Applicant alleged Plaintiff lacked capacity to sue as he had renounced his position as family head. The High Court granted the motion to set aside the judgment. Plaintiff appealed.
read moreJUDGMENT GIFTY DEKYEM J. A. INTRODUCTION: This is in respect of an appeal by the Plaintiff/Respondent/Appellant (hereinafter called Plaintiff) against the ruling of the High Court, Kumasi, dated 24th July 2023, found on pages 232 to 238 of the record of appeal (ROA). The ruling is in respect of a motion on notice filed by Samuel Asare (hereinafter called Applicant), a stranger to the suit, with the leave/consent of the 2nd Defendant, seeking to set aside the judgment delivered in the suit dated 30th March 2021 which was granted. BACKGROUND: Plaintiff, per his writ of summons and statement of claim filed on 26th April 2019 with Suit No. HRC/38/19 sought a declaration of title to Plot Nos. 18K, 20K, and 25K, Adusei Street, Sepaase, and an unnumbered piece of land in the Atwima Nwabiagya Municipality of the Ashanti Region, which forms part of the Okodom Stool lands vested in the Asona Royal Family; recovery of possession, perpetual injunction, general damages for trespass, costs, a...