KWADWO FOSU v NANA OSEI AKOTO IV

KULENDI JSC:-

INTRODUCTION:

This is an appeal against the judgment of the Court of Appeal, Kumasi dated 29th October, 2019. By the said judgment, the Court of Appeal set aside the High Court judgment of 18th April, 2018 which dismissed Plaintiff/Appellant/Respondent’s (hereinafter called the “the Respondent”)

action on the ground that the course of action constituted a cause or matter affecting chieftaincy and entered judgment for the Respondent in respect of the reliefs endorsed on his writ of summons.

BACKGROUND:

The Respondent issued a Writ of Summons and Statement of Claim against the Defendant/Respondent/Appellant (hereinafter called “the Appellant”) on 15th October, 2014 for the following reliefs:

a. Declaration of title to Plot No. 1 which is situate on the Bomso stool land and bordering on the Akosua Nsowaa Avenue and Plots No. 2 and 3 which are also situate on the Bomso Stool land and bordering on Adwoa Maanu Avenue all in the Afigya Kwabre District in the Ashanti Region.

b. Recovery of possession

c. Perpetual injunction.

In his thirteen (13) paragraph Statement of Claim, the Respondent contended that sometime in 2001, he acquired plots numbered 1, 2 and 3 forming part of Bomso Stool land from Nana Kofi Krah, the then Odikro of Bomso.

The Respondent averred further that at the time of acquiring the land, the Appellant had not been enstooled as chief of Bomso. In proof of these foundational assertions the Respondent adduced evidence proving that all necessary and relevant title documents of the land had been duly executed by the said Nana Kofi Krah and Obaapanin Yaa Achiaa in his favour.

The Respondent stated that even though he acquired the plots in 2001, he only managed to procure the title documents in 2012 because the title documents were not ready in 2001.

Subsequent to obtaining the relevant title documents, the Respondent registered the land and obtained the necessary permit to develop the land. The Respondent contended that notwithstanding the grant of the permits, the Appellant, the current chief of Bomso, had made it almost impossible for him to develop the land by procuring the services of thugs to harass the Respondent. It is against this background that the Respondent resorted to the High Court seeking the reliefs above against the Appellant.

The Appellant, on the other hand filed a defence to the action on 18th November, 2014, wherein he contended that said Nana Kofi Krah, never conveyed the land in dispute to the Respond