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EBUSUABATAN MUSTAPHA AMOAKWA
V.
BOALEY @ YENE WOSERE KWA, NANA YAW & 19 ORS

(2026) JELR 114611 (CA)

Court of Appeal 21 Jan 2026 Ghana
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- Appeal dismissed; plaintiff’s allodial title to the land historically acknowledged, but proprietary rights extinguished by prior government acquisition and municipal designation as a road reservation. - In private litigation, credible exp

Case Details

Suit Number:CIVIL APPEAL NO.:H1/72/2024
Judges:S. ROSETTA BERNASKO ESSAH (MRS.) J.A. (PRESIDING) JENNIFER A. DADZIE (MRS.) J.A CHRISTOPHER ARCHER (MR.) J.A
Counsel:MICHAEL ARTHUR DADZIE WITH PAAPA NIMAKO DANQUAH FOR PLAINTIFF/APPELLANT - PRESENT. EUNICE FRIMPONG FOR DEFENDANTS/RESPONDENTS.
Location:Sekondi

SOPHIA R. BERNASKO ESSAH (MRS) JA:

This is an appeal by the Plaintiff/Appellant (hereafter “Plaintiff”) against  the judgment of the High Court, Cape Coast, dated 31st January, 2023, by  which the learned trial judge dismissed the Plaintiff’s action and entered  judgment for the Defendants/Respondents (hereafter “the Defendants”). 

The grounds of appeal were framed as follows: 

  1. The judgment is against the weight of evidence adduced at the trial. 

  2. That the trial judge erred by holding that the land in dispute formed  part of the land acquired by the Government from Plaintiff’s family. 

  3. Additional grounds to be filed upon receipt of the certified true copy  of the Record of Appeal. 

No further grounds of appeal were filed. 

1. PROCEDURAL HISTORY

By a writ of summons issued on 3rd March, 2022, the Plaintiff, describing  himself as the Ebusuabatan of the Egyir Ansah Royal Ebiradze family of  Abura, Cape Coast, sued the Defendants for the following reliefs: 

  1. A declaration that all that piece or par…

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