JACOB KWAKU ACHEAMPONG v. SEKYEREDUMASI STOOL
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI JA (PRESIDING)
- DZAMEFE JA
- WELBOURNE (MRS) JA
Areas of Law
- Alternative Dispute Resolution
- Civil Procedure
- Property and Real Estate Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff sought several declarations regarding ownership and custodianship of land within the Sekyeredumase Traditional Area, which he claimed belonged to the Ankaasehene and not the Sekyeredumase Stool. The Defendant argued that the Plaintiff lacked the capacity to sue and was estopped by a prior arbitration award from asserting such claims. The trial court agreed with the Defendant, invoking estoppel and finding the Plaintiff lacked standing. The Plaintiff appealed, challenging the interpretation and consideration of evidence by the trial court. The appellate court affirmed the trial court’s dismissal, ruling that the Plaintiff failed to prove his capacity and was precluded by the prior arbitration award from litigating the same issues. All assertions by the Plaintiff were dismissed, and the trial court’s judgment was upheld.
J U D G M E N T
ADUAMA OSEI JA:
By his writ of summons issued in the High Court, Mampong Ashanti on the 4th of August, 2008, the Plaintiff/Appellant, hereinafter referred to as “the Plaintiff”, sought the following reliefs against the Defendant/Respondent, hereinafter referred to as “the Defendant”:
“1. A declaration that all lands inhabited by the people of Dapaase within the Sekyeredumase Traditional Area are the property of Ankaasehene and not that of Sekyeredumase Stool.
“2. Another declaration that the Abusuapanin of Dapaase is the caretaker of all Dapaase lands for Ankaasehene situate within the Sekyeredumase Traditional Area.
“3. A further declaration that the Sekyeredumase Stool has no capacity to alienate, sell, pledge, allocate or dispose of any portion of Dapaase lands within the Sekyeredumase Traditional Area without the consent of the Plaintiff.
“4. Order for accounts.
“5. Perpetual injunction restraining the Defendant whether by itself, agents, assigns or any person or persons claiming through it from in any way dealing with Dapaase lands inconsistent with the interest of the Plaintiff”.
In the statement of claim that accompanied the writ of summons, the Plaintiff described himself as a medical doctor and the Abusuapanin of the Asona Dapaasefo of Sekyeredumase in Ashanti, and he stated that he had brought the action in his capacity as the Abusuapanin of Dapaase.
The people of Dapaase were described as having migrated to their present abode from Techiman in the Brong Ahafo Region in or about 1724, during the reign of Otumfour Opoku Ware I, after the Asante – Techiman war. The Plaintiff pleaded that when his ancestors arrived at their present abode, they became the guests of the then Ankaasehene, Nana Yamoah Ponko. He stated that they were settled by Nana Yamoah Ponko at their present abode, named Sekyeredumase, which place he had purchased from Otumfour Opoku Ware’s nephew called Tieku Afriyie.
According to the Plaintiff, the Dapaase people had their own Odikro initially, but in the course of time, it became necessary that the Sekyeredumase Stool assumed political control over the whole area, including the people of Dapaase. The Plaintiff emphasised that in spite of the political control exercised by the Sekyeredumase Stool, the land the Dapaase people settled on remained under the control of the Ankaasehene, who made the Dapaase Abusuapanin the caretaker of the areas occupied by the Dapaase people.
The Plaintiff described Dapaase l