The Supreme Court of Ghana has declared Nana Otuo Antwi Boasiako, the rightful owner of Abonu land.
The case before DOTSE JSC, (PRESIDING), AMEGATCHER, TORKORNOO, PROF. MENSA BONSU & KULENDI JJSC held that a perpetual injunction should be placed on Nana Adjei Panin (defendant) from interfering with the possession of Abonu land.
A portion of the judgment read: Additionally, the Plaintiff is granted declaration of title to and recovery of possession of all that piece or parcel of the disputed land known and called Abonu and bounded, on one side by Kuntanse, Deduako and Nyameani, and identified as 938 acres of land specifically delineated on the survey map ordered and tendered as exhibit CWA1.
Judgment below…
18-01-2023
IN THE SUPERIOR COURT OF JUDICATURE, THE SUPREME COURT (CIVIL DIVISION) SITTING IN ACCRA ON WEDNESDAY THE 18TH DAY OF JANUARY, 2023.
CORAM: DOTSE JSC, (PRESIDING), AMEGATCHER, TORKORNOO, PROF. MENSA-BONSU & KULENDI JJSC
CIVIL APPEAL
NO.J4/41/2022
NANA OTUO ANTWI BOASIAKO VRS NANA ADJEI PANIN
Parties.
Nana Agyeman Kodom I, representing the Plaintiff/Respondent/Appellant/Defendant/ Appellant/ Respondent present.
Lawyers
Yaw Oppong for the Plaintiff/Respondent/Appellant present with him Samuel Addo.
Mathew Appiah for the Defendants/Appellant/Respondent present.
BY COURT:
By unanimous decision of this Court, the appeal by the Plaintiff herein is allowed. Accordingly, the Court of Appeal judgment dated 30th July, 2020 is hereby set aside and in its place the High Court judgment dated 30th May, 2018 is restored and confirmed with regard to the following.
I. Finding of trespass against Defendant confirmed
II. Damages for trespass committed by Defendant assessed at Ghc 40,000.00
and
III. Costs of Ghc10,000.00 against the Defendant
Additionally, the Plaintiff is granted declaration of title to and recovery of possession of all that piece or parcel of the disputed land known and called Abonu and bounded, on one side by Kuntanse, Deduako and Nyameani, and identified as 938 acres of land specifically delineated on the survey map ordered and tendered as exhibit CWA1.
Defendant is also restrained by perpetual injunction from interfering with the quiet possession of Abonu land.
Save for the declaration that from the evidence, the Defendant shares boundary with Kuntanse, Edwenase and Abonu Stool Lands, the Defendant’s counterclaim is dismissed.
Cost of Ghc20,000.00 to the Plaintiff/Appellant against the Defendant/Respondent.
(SGD) V.J.M.DOTSE
JUSTICE OF THE SUPREME COURT
(SGD) N.A.AMEGATCHER
JUSTICE OF THE SUPREME COURT
(SGD) G. TORKORNOO (MRS)
JUSTICE OF THE SUPREME COURT
(SGD) PROF. H.J.A.N MENSA-BONSU (MRS)
JUSTICE OF THE SUPREME COURT
(SGD) E. YONNY KULENDI
JUSTICE OF THE SUPREME COURT
