NANA OBENG AKROFI
V.
NANA ASANTE AMPADU AND NANA AMEYAW DEBRAH

(2013) JELR 65571 (CA)    
Court of Appeal  ·  SUIT NO.: H1/199/06 ·  25 Jul 2013 ·  Ghana
CORAM
OWUSU M. J.A. (PRESIDING), ADUAMA OSEI J.A., LOVELACE-JOHNSON J.A.
Core Terms Beta
appellants
plaintiff
respondent
counsel
dispute
disputed land
human heads
weight of evidence
trial judge
appellate court
nana amoah wadie
predecessor nana yaw mensah
additional grounds of appeal
behalf of the obomeng stool
case of the plaintiff
court of appeal
kofi asamoah
nkawkaw ahenfie
obomeng stool land
parcel of land
supreme court
aduama osei
appellants position
body of nana bonsu nyame
brief background of this case
case of the defendants
decision of the high court
defendant’s counterclaim
evidence of the respondent
exhibit a. counsel
exhumation of the body of nana bonsu nyame
ex-odikro of nkawkaw
following grounds
following issues
high court
import of these cases
j.a
long time
lovelace-johnson
nature of traditional history
odikro asamoah of nkawkaw
owner of the property
plaintiff of his property
said odikro
strict proof of the averments
sufficient evidence
title of the land
traditional evidence

MARIAMA OWUSU, J.A:

On 10-12-2002, the High Court, Nkawkaw dismissed the defendant’s counterclaim as not proved. It then gave judgment for the plaintiff as follows:

“I enter judgment for plaintiff. I grant the plaintiff all the reliefs he sought for. It is declared that title of the land in dispute is on the plaintiff and he is owner of the property in dispute.

The plaintiff is therefore to recover all that piece or parcel of land known as Plot No. 86 with building thereon known as Nkawkaw Ahenfie.

It is ordered that the body of Nana Bonsu Nyame (deceased) buried on the property be exhumed and buried at the proper place.

As regards damages for trespass, I take into consideration the fact that the defendants have deprived plaintiff of his property, trespassed onto the land have even buried a body on the premises without the consent and authority of the plaintiff. The plaintiff is entitled to damages and I award damages of ¢10,000,000.00 to the plaintiff against the defendants.

The defendants…

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