BAWA & ANOTHER VRS DAMBA & 4 OTHERS (NR/TL/HC/E1/4/17) [2024] GHAHC 334 (22 July 2024)

BAWA & ANOTHER VRS DAMBA & 4 OTHERS (NR/TL/HC/E1/4/17) [2024] GHAHC 334 (22 July 2024)

The Ya-Na's arbitration, initiated by the defendants' petition, was valid, binding, and estops the defendants from contesting the Nanton skin's title to the disputed land. The arbitration committee completed its work, the parties participated, and the award was published. The land in dispute, as described in exhibit CW8, falls under the Nanton skin. Developed portions remain with current occupants, but future allocations must be made by the plaintiffs. Defendants' counterclaim fails.

Citation
BAWA & ANOTHER VRS DAMBA & 4 OTHERS (NR/TL/HC/E1/4/17) [2024] GHAHC 334 (22 July 2024)
Parties
Plaintiff: Nanton Naa Baba Mahamadu Bawa; Plaintiff: Janjori-Kukuo Naa Mohammed-Yakubu; Defendant: Abdul-Razak Damba; Defendant: Iddrisu Waldoo; Defendant: Iddrisu Abubakari; Defendant: Alidu Sulemana; Defendant: Gulkpegu Naa Alhassan Abdulai
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 July 2024
Procedural Posture
Land Title Declaration and Injunction / Final Judgment
Outcome
Plaintiffs' claims for declaration of title and management granted; recovery of possession granted in part; injunction granted; demolition and general damages refused; defendants' counterclaim dismissed; costs awarded to plaintiffs.
Legal Topics
Declaration of Title, Customary Arbitration, Injunction, Trespass, Boundary Dispute, Estoppel
Source Language
eng
Land Law Customary Law Declaration of Title Customary Arbitration Injunction Trespass Boundary Dispute Estoppel

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Parties

Nanton Naa Baba Mahamadu Bawa

Plaintiff

Janjori-Kukuo Naa Mohammed-Yakubu

Plaintiff

Abdul-Razak Damba

Defendant

Iddrisu Waldoo

Defendant

Iddrisu Abubakari

Defendant

Alidu Sulemana

Defendant

Gulkpegu Naa Alhassan Abdulai

Defendant

Procedural Posture

Land Title Declaration and Injunction / Final Judgment

Legal Issues

  1. 1 Whether the disputed land falls under the jurisdiction of the 1st plaintiff or the 5th defendant
  2. 2 Whether the Ya-Na's directives/arbitration are binding on the parties
  3. 3 Whether the plaintiffs are entitled to the reliefs sought

Ratio Decidendi

The Ya-Na's arbitration, initiated by the defendants' petition, was valid, binding, and estops the defendants from contesting the Nanton skin's title to the disputed land. The arbitration committee completed its work, the parties participated, and the award was published. The land in dispute, as described in exhibit CW8, falls under the Nanton skin. Developed portions remain with current occupants, but future allocations must be made by the plaintiffs. Defendants' counterclaim fails.

Court Disposition

Plaintiffs' claims for declaration of title and management granted; recovery of possession granted in part; injunction granted; demolition and general damages refused; defendants' counterclaim dismissed; costs awarded to plaintiffs.

Orders

  • Declaration of title to the disputed land in favour of 1st plaintiff (Nanton skin)
  • 2nd plaintiff is proper person to manage and grant Janjori-Kukuo lands on behalf of Nanton skin