NANA ASARE BAAH II v. NANA AGYEIWAA KORDIE II

Baffour J.A:

The status of Akim Akokoaso stool lands regarding claims of a time immemorial custom and tradition to share proceeds from those lands between the Akokoaso stool family of Ekuona Edwenase family and the Ekuona Nyeduasa family is at the heart of this appeal. The parties would be referred to in this appeal by their original designation at the court below. Plaintiff claiming to be the head of the Ekuona Nyeduasa family of Akokoaso commenced an action at the High Court, Akim Oda in August, 2007 claiming, against the Defendant, the occupant of the Akokoaso stool, but who in the course of the trial met his demise and had to be substituted with Nana Agyeiwaa Kordee II, the Queen Mother and lawful representative of the stool, the following reliefs:

(a) An order compelling the Defendant to comply with the custom and tradition as contained in the provisions in the memorandum of agreement dated the 15th day of December 1901 between Chief Kofi Kontoh, who was the predecessor of the Defendant of the one part and Kofi Barn and Abinah Eyimma who were the predecessors of the Plaintiff of the other part, whereby the proceeds from Akokoaso stool land are shared between the Plaintiff’s family and the Defendant.

(b) An order compelling the Defendant to render accounts of proceeds from the Akokoaso stool land from the date he became custodian of such lands to the date of the commencement of this action, and a consequential order compelling the Defendant to pay 1/3 share of the total proceeds to the Plaintiff.

(c) Perpetual injunction restraining the Defendant from withholding from the Plaintiff one third share of the proceeds from Akokoaso stool lands as contained in the agreement of 15th December, 1901.

(d) Interest on all amounts assessed as being due to the Plaintiff from the Defendant based of [sic] claims (a) and (b) above.

Plaintiff averred in his statement of claim that by virtue of a Memorandum of Understanding between the occupant of the Akokoaso stool and his ancestor in 1901, a long-standing tradition of sharing proceeds from the Akokoaso stool was documented in terms of one third of the proceeds from the lands of the stool going to his family whiles two third is retained by the stool. That the agreement confirmed the customary relationship between the occupant of the stool and the Ekuona Nyeduasa family as sharers of proceeds of the Akokoaso stool lands as the Akokoaso stool lands is owned by the Ekuona Nyeduasa family with the family of Defenda