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Case Overview

The case of NANA OTUO ANTWI BOASIAKO VS NANA ADJEI PANIN revolves around a boundary dispute between the Abonu and Deduako stools in the Ashanti region, which originated in 1927 and resurfaced in 2007. The plaintiff, NANA OTUO ANTWI BOASIAKO, sought a declaration of title to the disputed land, damages for trespass, and a perpetual injunction.

Area of Law

This case falls under the area of Land Law, specifically boundary disputes and trespass.

Key Legal Issue

The central question addressed by the court was the determination of the boundary between the Abonu and Deduako stools, and whether the defendant had trespassed onto the plaintiff's land.

Legal Principles Applied

The key legal principles applied in this case include the concept of res judicata, the importance of possession in determining trespass, and the role of survey evidence in boundary disputes.

The Ruling

The Supreme Court ultimately remitted the case for a trial de novo, which resulted in a judgment in favor of the plaintiff, with the court finding that the defendant had trespassed onto the plaintiff's land.

Significance

This case is significant for legal practitioners as it highlights the importance of careful consideration of historical judgments and survey evidence in boundary disputes, and the need for clarity in determining the boundaries of stool lands to prevent future litigation.

Judgment/Court Decision

NANA OTUO ANTWI BOASIAKO VS NANA ADJEI PANIN

J4/41/2021 Supreme Court 2023

Presiding Justice

DOTSE JSC

Date of Judgment

18th January 2023

Neutral Citation

[2023] SUPREMECOURT 50

Coram

DOTSE JSC (Presiding) AMEGATCHER JSC TORKORNOO (MRS.) JSC PROF. MENSA-BONSU (MRS.) JSC KULENDI JSC

Parties

Plaintiff/Appellant

NANA OTUO ANTWI BOASIAKO

Defendant/Respondent

NANA ADJEI PANIN

Full Judgment

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Supreme Court