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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.
This case falls under the area of Land Law, specifically boundary disputes and trespass.
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.
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 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.
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.
Presiding Justice
DOTSE JSC
Date of Judgment
18th January 2023
Neutral Citation
[2023] SUPREMECOURT 50
Plaintiff/Appellant
NANA OTUO ANTWI BOASIAKO
Defendant/Respondent
NANA ADJEI PANIN
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