Boasiako Vrs Adjei Panin [2023] GHASC 3 (18 January 2023)

Boasiako Vrs Adjei Panin [2023] GHASC 3 (18 January 2023)

The Supreme Court held that the 1927 Native Tribunal judgment established the boundary between Abonu and Deduako stools along the Tetrefo-Yinaban-Kuman line, which is res judicata and binding on the parties. The Court of Appeal misapprehended the evidence and boundary location, and erred in reversing the High Court's findings. The plaintiff proved title and trespass on a preponderance of probabilities. Procedural defects in the notice of appeal were clerical and did not affect jurisdiction or validity.

Citation
[2023] GHASC 3
Parties
Plaintiff/respondent/appellant: Nana Otuo Antwi Boasiako; Defendant/appellant/respondent: Nana Adjei Panin
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
18 January 2023
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Judgment
Outcome
Appeal allowed; Court of Appeal judgment reversed; High Court judgment restored in favor of plaintiff.
Legal Topics
Boundary Disputes, Title to Land, Trespass, Res Judicata, Appeals, Survey Evidence
Source Language
English
Land Law Civil Procedure Boundary Disputes Title to Land Trespass Res Judicata Appeals Survey Evidence

Case Brief

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Parties

Nana Otuo Antwi Boasiako

Plaintiff/respondent/appellant

Nana Adjei Panin

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appellate Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in reversing the High Court's findings on the boundary between Abonu and Deduako stools
  2. 2 Whether the 1927 Native Tribunal judgment is res judicata as to the boundary
  3. 3 Whether the parties proved title and trespass on a preponderance of probabilities

Ratio Decidendi

The Supreme Court held that the 1927 Native Tribunal judgment established the boundary between Abonu and Deduako stools along the Tetrefo-Yinaban-Kuman line, which is res judicata and binding on the parties. The Court of Appeal misapprehended the evidence and boundary location, and erred in reversing the High Court's findings. The plaintiff proved title and trespass on a preponderance of probabilities. Procedural defects in the notice of appeal were clerical and did not affect jurisdiction or validity.

Court Disposition

Appeal allowed; Court of Appeal judgment reversed; High Court judgment restored in favor of plaintiff.

Orders

  • Declaration of title and recovery of possession of Abornu land (938 acres) as delineated in exhibit CWA1 to plaintiff
  • Damages for trespass assessed at 40,000 Ghc to plaintiff