[2025]DLCA18387 • March 20, 2025 • Court of Appeal
ABUSUAPANIN KWAKU ADU AND 15 ORS vs. TYPHOON ENTERPRISE GROUP LIMITED AND 4 ORS
The case concerns a customary land dispute over a parcel of land in Atwima Brofoyedru. The 1st Respondent, as head of the Asona family, claimed title based on a customary gift made two centuries ago to their ancestress, Abena Agyaa. The 2nd to 16th Respondents, successors in title, sought declaratory reliefs and damages for trespass against the Appellants. The Appellants counterclaimed, asserting title based on a leasehold interest granted by the Awere Adwatia Stool (suballodial owner) with the 1st Respondent's family's usufructuary interest extinguished by compensation and a deed of surrender. The dispute involved competing claims of ownership, alienation rights, and the validity of land allocations and leases.
read moreJUDGMENT CHARLES ZWENNES, JA. BACKGROUND: By way of background, the 1st, 2nd, 3rd and 4th Defendant/Appellants (hereinafter referred to as the Appellants) stand aggrieved by a Judgment of the High Court, Kumasi delivered on 30th November 2020 in favour of all 16 Plaintiff/Respondents (hereinafter referred to as the Respondents). In this customary land matter heard before the High Court, the 1st Respondent sued for a declaration of title to a parcel of land for and on behalf of the Asona Family of Atwima Brofoyedru in the capacity as head of family. The 2nd to 16th Respondents as successors-in-title of the 1st Respondent also sued for declaratory reliefs as to title as well as for a series of consequential reliefs arising out of the tort of trespass against the Appellants. In addition to a Defence filed countering the claim of the Respondents, the 1st and 2nd Appellants also countersued the Respondents for a declaration of title to the said parcel of land as well as consequential ...