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
This Court of Appeal decision, authored by Aduama Osei JA, concerns a land and stool‑custodianship dispute between Dr. Adu Boahen, acting as Abusuapanin of the Asona Dapaasefo of Sekyeredumase and as alleged caretaker for the Ankaasehene, and the Sekyeredumase Stool. The Plaintiff sought declarations that Dapaase lands within the Sekyeredumase Traditional Area belong to the Ankaasehene, that the Dapaase Abusuapanin is caretaker, and to restrain Sekyeredumase from alienating those lands, with accounts and a perpetual injunction. The High Court dismissed the suit, holding that an arbitration award by Otumfour Asantehene estopped re‑litigation. On appeal, the Court found the Plaintiff failed to prove capacity, noting contradictory positions and a belated, non‑tendered power of attorney of negligible probative value. Construing the award as a whole, the Court recognized that the Asantehene had entrusted the relevant land to the Sekyeredumasehene, confirmed the Akwamuhene as custodian, and ordered sharing of proceeds (one‑third to Ankaasehene, two‑thirds to Sekyeredumasehene). The appeal was dismissed and the High Court’s judgment affirmed.
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