BIRIMPONG v. BAWUAH

This appellate judgment concerns competing claims to the Besease lands in the Atwima District of Ashanti. The plaintiff ultimately asserted sub-allodial title and described himself as caretaker for the Golden Stool of Ashanti, while the defendant counterclaimed for title to all Besease lands. The trial court declared title in the defendant except for the Asakraka and Ntabaanu portions, which it gave to the plaintiff; both parties appealed. Writing for the court, Ampiah JA endorsed the Adjeibi-Kojo v Bonsie approach to resolve conflicting traditional histories by testing them against recent facts. He accepted findings that the defendant’s family—relatives of Afra Saa, wife of Asantehene Osei Tutu—settled at Besease prior to the plaintiff’s ancestor’s arrival; that Asantehene Osei Kwadwo created the Hyiawu-Besease stool for Oko Kofi and Oko Kwame; and that land was attached to the stool. Applying Payin II v Anquandah and Kuma v Kuma, the court held mere occupation does not prove ownership and criticized reliance on exhibit F to award title to Asakraka and Ntabaanu. It dismissed the plaintiff’s appeal, allowed the defendant’s cross-appeal, declared the defendant entitled to all land claimed, and permitted the plaintiff’s family to remain on Asakraka and Ntabaanu by leave and licence. Essiem JA and Amuah JA concurred.