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THE SACRED ORDER OF THE SILENT BROTHERHOOD V. MRS ALICE OSAE KWAPONG AND NANA OFFEI (ALIAS MR. BROWN)

(2016) JELR 64487 (CA)

Court of Appeal  •  SUIT NO: H1/08/2016  •  27 Apr 2016  •  Ghana

Coram
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.

Appearances
KOFI ASIAMA SAMPONG FOR PLAINTIFF/RESPONDENT,PETER KWAKU NTI FOR DEFENDANTS/APPELLANTS

Judgement

SOWAH, J.A.

This is an appeal from the decision of the Circuit Court, Akropong-Akwapim dated 25th July 2013, in which judgment was entered for the plaintiff and the counterclaim of the defendants' were dismissed.

Facts

The background facts of this case as extracted from the pleadings and the evidence adduced at the trial are as follows: Sometime in 1999, Mrs Alice Osae Kwapong [the 1st defendant at the trial court and the 1st appellant in this appeal] made a complaint to the Akuapem Traditional Administration regarding a parcel of land situate at Akropong, Akuapem which she claimed belonged to her Kwasi Katakyie family within the Aboasa clan. She alleged that the Aboasahene without the family’s knowledge and consent had allocated a portion of her family land to a church and school organization [the plaintiff at the trial, and the respondent herein].

A committee chaired by Nana Apesemaka heard the complaint and published its decision in May 1999. They found that the late Aboasahene had act…

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