[2025]DLCA18400 • May 29, 2025 • Court of Appeal
FRANCIS KWABENA BOTA AND 2 ORS vs. THE ATTORNEY GENERAL AND ATWIMA NWABIAGYA NORTH DISTRICT ASSEMBLY
Plaintiffs commenced action at High Court, Kumasi, seeking orders including payment for use of two classroom buildings, declaration of ownership, recovery of possession, and injunction against defendants. The defendants, including the Attorney General and Atwima Nwabiagya North District Assembly, filed a joint statement of defence. Plaintiffs challenged the representation of the District Assembly by the Attorney General, alleging procedural irregularity as District Assemblies are bodies corporate and cannot be represented by the Attorney General.
read moreJUDGMENT MENSAH-HOMIAH, JA On 14 February 2024, the plaintiffs commenced an action at the High Court, Kumasi, jointly and severally against the defendants for the following reliefs: a. An order compelling the defendants to pay to the plaintiffs the use of two separate classroom buildings at “Asuofua Cluster of Schools” in the Atwima Nwabiagya District upon a proper valuation conducted by a recognised valuer. b. Declaration that the plaintiffs are the owners of two separate classroom buildings at Asuofua in the Atwima Nwabiagya District. c. Recovery of possession of the property in dispute d. An order of perpetual injunction. e. Further orders. The 1st defendant entered appearance by its counsel on 28 February 2024. And, on 7 March 2024, a State Attorney at the Office of the Attorney General, Kumasi, filed a joint statement of defence for both defendants. Upon service on Counsel for the plaintiff, he filed a Motion on Notice on 25 April 2024 for orders “striking out, set...