OPANIN NANTWI ABABIO AND FRANCIS MANU BOATENG
V.
PASTOR NANA ADUSEI

(2018) JELR 65591 (SC)

Supreme Court · CIVIL APPEAL NO. J4/19/2014 · 14 Mar 2018 · Ghana

CORAM

ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC ,APPAU JSC

Ratio Decidendi

Core Terms ^Beta

court

court of appeal

property

appellate court

trial court

trial judge

late kwasi boateng

lands commission

plaintiffs

findings of fact

circuit court

plaintiff’s family

bona fide property

case of the plaintiff

children of the late kwasi boateng

grant of letters of administration

ownership of the said house

said discovery

said house

said property

critical look

kumasi state

late kwasi boateng of sewua

preponderance of the evidence

weight of evidence

11-paragraph statement of claim

block 1x a

case of djin vrs

cases of fori vrs ayerebi

consideration of the totality of the evidence

correct principles

decision of the court of appeal

decision of the supreme court

defence case

defendant’s adverse claim

evidence act

facts of this case

family live

full trial

hereafter plaintiffs

judgment of the circuit court

legal justification

long undisturbed possession of the defendant

matter of fact

primary findings of fact

receipt of the record of appeal

such findings of fact

trial circuit judge

JUDGMENT

BAFFOE-BONNIE, JSC

This suit which was started in the Circuit Court, has come to us pursuant to leave granted by this court.

The facts of this case are quite settled and admit of little controversy.

The plaintiffs/respondents/appellants, hereafter plaintiffs, instituted this action in 2006 claiming as follows;

a. A declaration that both the legal and equitable interest in H/No, Plot 23 Block 1X A, Dadiesoaba, Asafo, Kumasi, forms part of the intestate estate of the late Kwasi Boateng, pursuant to a valid lease duly executed between the President of the Republic of Ghana in trust for the Golden Stool and the Kumasi state and the late Kwasi Boateng registered at Lands Commission as LS K.T.L. 504/61 bearing plan No. K.7026 dated the 1^ST day of April, 1960.

b. Accounts

c. Permanent/perpetual injunction

d. Recovery of posession

In a 11-paragraph statement of claim, the plaintiff said that the property was acquired by his predecessor, the late Kwasi Boateng of Sewua, who had same registered…

OPANIN NANTWI ABABIO AND FRANCIS MANU BOATENG V. PASTOR NANA ADUSEI

JUDGMENT

OPANIN NANTWI ABABIO AND FRANCIS MANU BOATENG
V.
PASTOR NANA ADUSEI