Akuffo Vrs Kwabla and Four Others [2023] GHADC 171 (20 March 2023)

Akuffo Vrs Kwabla and Four Others [2023] GHADC 171 (20 March 2023)

The District Court, Somanya, lacks geographical jurisdiction over the disputed land at Oborpah, which is within the Lower Manya Krobo Municipality. The objection to jurisdiction was raised before the commencement of the Plaintiff’s case, thus the suit must be struck out.

Citation
Akuffo Vrs Kwabla and Four Others [2023] GHADC 171 (20 March 2023)
Parties
Plaintiff/applicant: Albert Kwesi Akuffo; Defendant/respondent: Sackie Kwabla; Defendant/respondent: Eric T. Tamatey; Defendant/respondent: Noah Mawune Ehanortsui; Defendant/respondent: Awudu; Defendant/respondent: Akuffo Kweku
Court
ghadc
Jurisdiction
Ghana
Judgment Date
20 March 2023
Procedural Posture
Motion to Strike Out Suit for Lack of Jurisdiction / Ruling on Motion
Outcome
Suit struck out for lack of jurisdiction
Legal Topics
Jurisdiction, Enforcement of Arbitration Award, Customary Arbitration, Geographical Jurisdiction
Source Language
eng
Civil Procedure Land Law Arbitration Jurisdiction Enforcement of Arbitration Award Customary Arbitration Geographical Jurisdiction

Case Brief

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Parties

Albert Kwesi Akuffo

Plaintiff/applicant

Sackie Kwabla

Defendant/respondent

Eric T. Tamatey

Defendant/respondent

Noah Mawune Ehanortsui

Defendant/respondent

Awudu

Defendant/respondent

Akuffo Kweku

Defendant/respondent

Procedural Posture

Motion to Strike Out Suit for Lack of Jurisdiction / Ruling on Motion

Legal Issues

  1. 1 Whether the District Court, Somanya, has geographical jurisdiction over the disputed land at Oborpah for enforcement of a customary arbitration award.

Ratio Decidendi

The District Court, Somanya, lacks geographical jurisdiction over the disputed land at Oborpah, which is within the Lower Manya Krobo Municipality. The objection to jurisdiction was raised before the commencement of the Plaintiff’s case, thus the suit must be struck out.

Court Disposition

Suit struck out for lack of jurisdiction

Orders

  • Plaintiff to institute the action in a court of competent jurisdiction within the Lower Manya Krobo Municipality