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ABUSUAPANIN KWAKU ADU AND 15 ORS
V.
TYPHOON ENTERPRISE GROUP LIMITED AND 4 ORS

(2025) JELR 114323 (CA)

Court of Appeal 20 Mar 2025 Ghana
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- The dispute centered on customary land in Brofoyedru, Ashanti Region, with both Appellants (Defendants) and Respondents (Plaintiffs) claiming title; the Asona Family asserted ownership based on a centuries-old gift, while Appellants claim

Case Details

Suit Number:CIVIL APPEAL NO: H1/053/2025
Judges:CHARLES WILLIAMS ZWENNES, JA GEORGINA MENSAH-DATSA (MRS.), JA ERICH BAAH, JA
Counsel:KWABENA ASANTE-KROBEA WITH THOMAS KWAME OWUSU & DR. JOSEPH KWAKU ASAMOAH FOR THE PLAINTIFF/RESPONDENTS., EDMOND MANU ADUENING FOR THE 1ST – 4TH DEFENDANT/APPELLANTS.
Location:Kumasi

JUDGMENT

CHARLES ZWENNES, JA :

BACKGROUND:

By way of background, the 1, 2, 3 and 4 Defendant/Appellants (hereinafter referred to as the Appellants) stand aggrieved by a Judgment of the High Court, Kumasi delivered on 30 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 1Respondent 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 2 to 16 Respondents as successors-in-title of the 1Respondent 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 1 and 2 Appellants also countersued the Respondents for a declaration of title to the said parcel of land as well as consequential reliefs in damages and trespass.

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