[2025]DLCA18397 • May 27, 2025 • Court of Appeal
EMMANUEL ANDEMA vs. KURIBIRE AMOGRE AND ANIPOKA AMOGREA And ABOKUTUM ABONGO DEFENDANTS TO COUNTERCLAIM/RESPTS AND 2 ORS
The dispute concerns ownership of approximately six acres of land at Akunkongo-Doba, near Kandiga Junction. Plaintiff, Emmanuel Andema, claims title through customary grant from the Tindana of Doba to his grandfather about seventy years ago, with subsequent inheritance and possession by his family. Defendants, including Kuribire Amogre (1st Defendant), claim ancestral ownership through first settlement and caretaking rights over the land, asserting the land is part of Kandiga territory. The Plaintiff alleges trespass by Defendants who have refused to vacate the land despite efforts to remove them. The land includes areas near a Catholic Church and a local school, whose ownership and naming are also contested.
read moreJUDGMENT KWAMINA BAIDEN, JA The parties to this appeal will retain their designation in the trial Court. original parties to this suit Emmanuel Andema, Plaintiff and Akuribire Amogre and Anipoka Amogre, Defendants hailed from Kandiga. For the Plaintiff, the land in dispute was acquired by his ancestors in a place they call Akurugu-Daboo. Defendants however, claimed the land in dispute belonged to their ancestors acquired through first settlement and was situated in a place called Akongugu which formed part of Kandidga lands. It was the case of the Plaintiff that the Defendants had trespassed unto this family land of theirs. They successfully drove off the 1st Defendant from the land on two occasions when he tried to give the land to some persons. However, 1st Defendant brought the 2nd Defendant unto the land and they have refused to leave the land despite efforts of the Plaintiff to get them to vacate same. The Plaintiff therefore instituted this action against the Defendants. P...