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OBAAHEMA NANA KRAB II
V.
EMMANUEL SWANZY-KRAH

(2007) JELR 69604 (CA)

Court of Appeal 29 Mar 2007 Ghana
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- The Court of Appeal set aside the High Court’s decision, holding that the plaintiff (Butumagyebu stool family) retained allodial title and capacity over the disputed land, as there was no evidence of valid state acquisition or statutory w

Case Details

Suit Number:CIVIL APPEAL NO: H1/133/06
Judges:QUAYE J. A. (PRESIDING) , HONYENUGA J. A. , ADUAMA OSEI J. A

HONYENUGA JA

The brief facts of this appeal is that the Stool of Butumagyebu represented by the plaintiff/appellant is the lessor of the defendant/respondent in respect of plot number 100A. This transaction was reduced into writing. The disputed land which is unnumbered lies at the frontage of plot number 100A. The defendant/respondent leveled the land to commence a block manufacturing enterprise and so placed a Metal Container on it. When questioned by the plaintiff/appellants through letters and other medium, the defendant/respondent claimed that he had purchased that portion of the land from a deceased head of the plaintiff/appellant’s family.

The defendant/respondent also claimed that the unnumbered plot was part of an area reserved for road and public utility service and therefore the land belonged to him. The plaintiff/appellant’s family dissatisfied with the turn of events caused a Writ of Summons which was later amended to be issued against the defendant/respondent claiming the …

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