Nkruah Vrs Boli & 14 Others [2022] GHAHC 30 (20 November 2022)

Nkruah Vrs Boli & 14 Others [2022] GHAHC 30 (20 November 2022)

The dispute is amenable to ADR as it does not fall within prohibited categories, and the terms of settlement are lawful. The court adopts the settlement as consent judgment, dividing the land using the Fiafa river as boundary.

Citation
[2022] GHAHC 30
Parties
Plaintiff: Mathew Addy Nkuah; 1st Defendant: Yaw Boli; 2nd Defendant: Kofi Awuah; 3rd Defendant: Jackson Baidoo; 4th Defendant: Kohia Asare; 5th Defendant: Kwaku Boadu; 6th Defendant: Kwasi Mensah; 7th Defendant: Isaac Baidoo; 8th Defendant: Kwaku Bie; 9th Defendant: Adu Darko; 10th Defendant: Adwoa Boakowaa; 11th Defendant: Yaw Ntori; 12th Defendant: Ama Konama; 13th Defendant: John Armah; 14th Defendant: Kwabena Siaw; 15th Defendant: Afua Badu
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 November 2022
Procedural Posture
Civil / Judgment (consent Judgment After Adr)
Outcome
Case disposed by consent judgment adopting terms of settlement.
Legal Topics
Declaration of Title to Land, Recovery of Possession, Damages for Trespass, Perpetual Injunction, Alternative Dispute Resolution
Source Language
English
Land Law Civil Procedure Declaration of Title to Land Recovery of Possession Damages for Trespass Perpetual Injunction Alternative Dispute Resolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mathew Addy Nkuah

Plaintiff

Yaw Boli

1st Defendant

Kofi Awuah

2nd Defendant

Jackson Baidoo

3rd Defendant

Kohia Asare

4th Defendant

Kwaku Boadu

5th Defendant

Kwasi Mensah

6th Defendant

Isaac Baidoo

7th Defendant

Kwaku Bie

8th Defendant

Adu Darko

9th Defendant

Adwoa Boakowaa

10th Defendant

Yaw Ntori

11th Defendant

Ama Konama

12th Defendant

John Armah

13th Defendant

Kwabena Siaw

14th Defendant

Afua Badu

15th Defendant

Procedural Posture

Civil / Judgment (consent Judgment After Adr)

Legal Issues

  1. 1 Whether the dispute over title and possession of the land can be resolved through ADR and consent judgment
  2. 2 Whether the terms of settlement are lawful and enforceable

Ratio Decidendi

The dispute is amenable to ADR as it does not fall within prohibited categories, and the terms of settlement are lawful. The court adopts the settlement as consent judgment, dividing the land using the Fiafa river as boundary.

Court Disposition

Case disposed by consent judgment adopting terms of settlement.

Orders

  • Northern part of the land in dispute given to Mathew Addy Nkuah (Plaintiff) using Fiafa river as boundary.
  • Southern part of the land in dispute given to Nana Yaw Boli (1st Defendant) using Fiafa river as boundary.