[2025]DLHC18331 • May 15, 2025 • High Court
YAW ANOKYE & 351 ORS vs. REV. AGNES BOATENG
In 2019, Rev. Agnes Boateng (applicant) sued Yaw Anokye & 351 others (respondents) over 12 plots of land at Asokwa New Site, Amakom, Kumasi. The High Court ruled in favor of the applicant, granting title and possession recovery, dismissing respondents' counterclaim. Respondents did not appeal successfully. In 2025, respondents filed a fresh suit alleging the 2019 judgment was obtained by fraud, forgery, and misrepresentation, seeking to set aside the judgment and related orders, including expunging the land title from the Lands Commission records.
read moreRULING Dr. Poku Adusei, J.A. The antecedent facts which gave rise to the instant case were that, in 2019, the defendant/applicant (hereinafter referred to as the applicant) commenced legal action against the plaintiffs/respondents (hereinafter referred to as the respondents) at the High Court, Kumasi over twelve (12) plots of land at Asokwa New Site-Amakom, Kumasi. In the said 2019 suit intituled Rev. Agnes Boateng v. Yaw Anokye & 351 Ors [C1/47/2019], the High Court presided over by His Lordship Obeng-Diawuo JA decreed title to the disputed plots in favour of the applicant herein. The Court further granted an order to the applicant for recovery of possession of the disputed plots and restrained the respondents from having anything to do with the said plots. As a corollary, the first trial court dismissed the counterclaim of the respondents and awarded costs against them. No successful appeal was mounted against the said judgment of Obeng-Diawuo JA, delivered on 16th June 2023,...