NANA ESSUMAN KWASAMAN II v. NANA KOJO SEBEH AGYEMAN

The High Court at Cape Coast, presided by Her Ladyship Justice Malike Awo Woanyah Dey, adjudicated a dispute between the gazetted chief of Kwasama in the Assin Atandanso Traditional Area and the chief of Buabinso in the Denkyira Traditional Area. The Kwasama chief sought perpetual injunctions and damages for trespass, alleging that the Buabinso chief repeatedly interfered with his administration of Kwasama stool lands, instigated tenant farmers and small-scale miners, attempted to impose another chief, and verbally threatened him. The defendant admitted Kwasama lands belonged to the plaintiff’s stool but claimed towns such as Denkyira Fosu fall under Denkyira Traditional Council and counterclaimed to restrain the plaintiff from seizing tenant farmers’ crops. Relying on admissions, Exhibit A (Register of Chiefs), and testimony—including cross-examination the court labeled “absurd”—the court held the listed communities form part of Kwasama under Assin Atandanso, found the defendant lacked capacity to sue over private tenancy contracts, and granted modified injunctive reliefs, nominal damages (GH10000.00), and costs (GHC5000.00).