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Amamole, Ablekuma lands not yours – SC declares
The Supreme Court in a unanimous decision, ruled on July 12, 2023, that Amamole and Ablekuma lands in the Greater Accra Region do not belong to Nii Ahinquasro Baddoo, Nii Kwaku Foso III, Albert Badu and Ofori Badu, who wanted to claim the said lands.
The five-member-panel of judges was presided over by Justice P. Baffoe-Bonnie.
The rest are, Professor Justice N. A. Kotey. Justice M. Owusu (Ms), Justice Lovelace-Johnson (Ms) and Justice E. Yonny-Kulendi.
The Supreme Court held that, the plaintiffs tried to subvert the existing judgement by re-litigating in a different suit, seeking to be given the capacity to deal with Ablekuma land for which they have been declared “to lack the capacity to do so.”
“Beyond the lack of capacity, the plaintiffs did not adduce cogent evidence to establish that, they are the owners of Ablekuma and Amamole lands and that, Amamole land is within Ablekuma land. He who alleges, must prove.
“The plaintiffs had the duty to prove their claim on a balance of probabilities and they failed to do so.
“The appeal of the defendants therefore succeeds and is hereby allowed. The judgement of the Court of Appeal dated 21st May, 2020, which affirmed the decision of the High Court dated 31st May, 2017, is hereby set aside, together with its consequential orders.”
The defendants, Nii Tetteh Okpe II (now deceased), Numo Narteh, Samuel Laryea, Eshmael Addo, James Tetteh and Joseph Lartey, appealed to the Supreme Court, after the High Court and the Court of Appeal earlier gave judgement in favour of the plaintiffs.
Dissatisfied with the decision of the Court of Appeal, the defendants on May 26, 2020, filed an appeal, praying the Supreme Court to reverse the judgement of the Court of Appeal.
The plaintiffs were represented by Mr T. N. Ward Brew, while the defendants were also represented by Mr Christopher King.
By Francis Xah