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THE ASSEMBLIES OF GOD CHURCH AND DROBO TRADITIONAL COUNCIL V. KWADWO OSEI AND NANA AMPAABENG KYEREMEH

(2012) JELR 64992 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/12/2011  •  27 Jul 2012  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Judgement

JUDGEMENT

IRENE C DANQUAH JA;

The High Court, Sunyani, in its judgment of 17th June, 2009 which is the subject matter of this appeal and cross-appeal held as follows:

“The ceding of Faago by Japekrom to Drobo was perhaps a specie of the latter’s residual interest as a paramount stool from 1896 until 1981 in relation to Japekrom and Bourkrom. With the creation of Japekrom as a paramountcy Drobo’s residual interest in Japekrom and Kwasi Bourkrom has been completely extinguished. In the same breath by ceding Faago to Drobo, Japekrom interest therein has been completely extinguished. I therefore declare Co-Plaintiff owner of New Drobo Township including the disputed plot No. 42 Block C. Similarly, I also declare Co-Defendants owner of townships of Japekrom and Kwasi Buorkrom. Subject to the foregoing declarations the claims of the Co-Plaintiff and Co-Defendants are hereby dismissed.”

The court further held that:

“Notwithstanding that the Plaintiff, Assemblies of God’s Church and the Defendant,…

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