NANA YIADOM BOAKYE AND MR. ADDAE
V.
JOSEPH BOAKYE AGYEMAN AND 3 OTHERS

(2017) JELR 63870 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/56/2016 ·  16 Mar 2017 ·  Ghana
CORAM
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.), JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Core Terms Beta
plaintiffs
evidence
pleadings
trial
counsel
counter-claim
late chief
trial judge
statement of claim
legal arguments
amended statement of defence
legal argument
legal issue
point of law
statement of defence
a. m. domakyaareh
direction stage
full trial
g. torkornoo
pndc government
portion of the land
private capacity
rules of court
acres of kaase stool land
appellate court
baaye siakwan kuampah stool
baaye siakwan kuampah stool land
cause of action
direction of the trial judge
gift of the portion of the lands
grant of letters of administration
high court judge
judgment of a trial court
main business
maxim nemo dat qui
modes of trial
nkinkasie-sokoban wood village layout
order of the court
particular mode of trial
people of kaase
preliminary legal issue
provisions of rule
respondents’ claim
ruling of the high court
summary judgment
vital information
way of general reply

AYEBI, JA

1. This is an appeal against the ruling of the High Court, Kumasi wherein the trial judge ruled that a preliminary legal issue raised and argued is not appropriate to dispose of plaintiffs/respondents’ claim and directed that a full trial should be held.

2. From the pleadings, one Nana Owusu Yaw Ababio alias Nana Yiadom Bauchie Acheampong alias Kwabena Acheampong was the Kaasehene on Baaye Siakwan Kuampah Stool from 1963 to 2008 when he died. The plaintiffs/respondents say they are administrators of his estate. According to them, in appreciation of the invaluable services the late chief rendered to the people of Kaase, the chiefs and elders gifted 62.50 acres of Kaase Stool land to him personally.

3. In paragraph 5 of their statement of claim, they described the land as “situate at a place commonly known and called Asaago on Baaye Siakwan Kuampah Stool land also known as Site for Industrial and Residential Estate in the Nkinkasie-Sokoban Wood Village layout including plots Nos.…

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