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THE REPUBLIC V. KPONE TRADITIONAL COUNCIL AND 2 OTHERS EX-PARTE: ALHAJI TETTEH KWAO AND 2 OTHERS

(2008) JELR 67905 (CA)

Court of Appeal  •  H1/167/2006  •  4 Dec 2008  •  Ghana

Coram
ANIN YEBOAH JSC [PRESIDING], AKOTO-BAMFO JA, GYAESAYOR JA

Judgement

JUDGMENT

GYAESAYOR, JA

On the 26/9/95, Asare Korang J [as he then was] in Suit HCT 135/94 entituled Alhaji Tetteh Kwao and Two Others V. Nii Tei Adumuah II and One Other entered judgment of favour of plaintiff.

In this judgment the court found that the alienation of land in Appolonia in the Kpone Traditional Area could not be made without the consent and the concurrence of the respondents who are elders of Appolonia. It then proceeded to grant a perpetual injunction restraining the present appellant from alienating Appolonia land without the consent and concurrence of respondent.

An appeal was taken against the decision of the High Court in the Court of Appeal where the decision of Asare Korang was set aside. The respondents were not happy with the turn of events and also appealled to the Supreme Court which laid the matter to rest by restoring the judgment of the High Court on the 12/4/2000. On the 3/11/2005 one Samuel Opoku Larbi was seen winning gravel on the Appollonia Stool Land but …

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