2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court of Ghana decision, authored by Justice V. J. M. Dotse, arose from a land dispute over the Assia lands on Apenkra Stool land between the Ejisu Stool and the Apenkra Stool (the latter represented by its claimed caretaker chief) on one hand, and Opanyin J. C. Addai acting for the Asona family of Apenkra on the other. The High Court had granted the Defendant’s counterclaims, including declaration of title, recovery of possession, damages for trespass, and a perpetual injunction, which the Court of Appeal unanimously affirmed. On further appeal, the Supreme Court criticized the Plaintiffs’ Statement of Case for failing to link legal propositions to record evidence, reiterated deference to concurrent findings, endorsed customary principles on inviolable usufructuary interests, and applied estoppel where the grantor stood by as his grantees lost before the Kuntanase District Court. The appeal was dismissed, affirming the lower courts’ determinations and remedies.
DOTSE JSC:- The facts and the issues raised in this appeal admit of no controversy whatsoever. This is an appeal by the Plaintiffs/Appellants/Appellants, hereafter referred to as Plaintiffs against the judgment of the Court of Appeal dated 20th November 2020 which affirmed the judgment of the trial High Court, dated 30th January 2018.
MODES BY WHICH A STOOL, COMMUNITY ACQUIRES ABSOLUTE TITLE TO LAND
This was settled and stated clearly in the celebrated case of Ohimen v Adjei 2 WALR 275 at 279, where the court stated the following as the principal methods by which a stool acquires land:
“There are four principal methods by which a stool acquires land, they are: conquest and subsequent settlement thereon and cultivation by subjects of the stool, discovery by hunters or pioneers of the stool of unoccupied land and subsequent settlement thereon and use thereof by the stool and its subjects; gift by the stool, purchase by the stool. Each of these methods involves either the sacrifice of lives of subjects, or the expenditure of energy or contribution of money by subjects, and use and occupation of the land by the subjects.” Emphasis
These modes of acquisition stated supra will be relevant in the determination of the issues raised in this land appeal.
RELIEFS AND FACTS RELIED UPON
The Plaintiffs instituted the action against the Defendant/Respondent/Respondent, hereafter referred to as Defendant, claiming the following reliefs:-
A declaration that all that piece or parcel of land more particularly situate at Apenkra bounded on the Eastern part of river Beakwa both sides on Apenkra-Kokofu roads, Pramo stool lands, Eddwinase Stool lands, Aboaso Stool lands, Adwumanu Stool lands and Nuaso, Preyaase Stool lands, is the bonafide property of the 1st plaintiff with the 2nd Plaintiff being the Caretaker Chief thereof.
Damages for Trespass
Recovery of possession.
Upon service of the writ on him, the Defendant also filed a counterclaim in which he claimed the following reliefs against the Plaintiffs.
Declaration of title to all that stretch of land at a place commonly called “Assia" on Apenkra Stool Land which land is bounded by the landed properties of Matthew Nsiah Adubofour, Amma Adomah, Opanin Kwame Nuamah’s family and River Biakwa which land has been defendant’s family land for several centuries.
Recovery of possession
Damages for trespass and perpetual injunction, restraining plaintiffs’ their servants, agents, assigns and any persons claiming title thro