Customer Support

NII ARDE NKPA VI & ORS
V.
IRRIGATION DEVELOPMENT AUTHORITY & ORS

(2023) JELR 112464 (CA)

Court of Appeal 9 Mar 2023 Ghana
BriefBot icon

BriefBot Summary

Free

- The central issue was whether the 1st, 2nd, and 4th plaintiffs, as chiefs of Plerno, Kokrobite, and Tuba, lawfully represented the Nii Arde Nkpa Family in challenging the acquisition and allocation of family land at Weija, or whether the

Case Details

Suit Number:H1/251/2020
Judges:Henry A. Kwofie, JA (Presiding) R. Bernasko-Essah, J.A. Richard Adjei-Frimpong, J.A.
Counsel:Naa Abiana Mensah-Yawson for 5th Defendant/Appellant. Nelly Bernice Wallace with Patrick Okpah Danso for 1st Plaintiff/Respondent.
Location:Accra

J U D G M E N T

ADJEI-FRIMPONG, J.A.:

The quest of this appeal does not determine the substantive matter in the suit at the court below. The parties before us are fighting over who was the rightful person(s) to prosecute the matter in representation of the plaintiff family, the Nii Arde Nkpa Family of Plerno of the James Town Division.

The reliefs sought in the suit, for purposes of this appeal are not material to recount in any detail. Put as shortly as possible, the family was challenging the compulsory acquisition and subsequent allocation of part of its lands situate at Weija as described in the schedule to the statement of claim to the 2nd defendant. 

Originally, the action was commenced by Nii Arde Nkpa VI, Mantse of Plerno, Nii Offei II, Mantse of Kokrobite, Nii Kwashie Gborlor III, Ngleshie Amanfro Mantse and Chief Ali Agbornarh, Tuba Mantse as 1st, 2nd 3rd and 4th plaintiffs respectively. The representative capacities in which they sued were pleaded as follows:

  1. “1. The 1st and 2nd…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.