NANA BATAFO AKYEAMPONG NTI II v. NANA OWUSU ACHIAW PREMPEH I
2021
COURT OF APPEAL
GHANA
CORAM
- ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING)
- ALEX B. POKU-ACHEAMPONG, J A
- SAMUEL K. A. ASIEDU, J A
Areas of Law
- Civil Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, constituted by Angelina M. Domakyaareh (Presiding), Alex B. Poku-Acheampong, and Samuel K. A. Asiedu, reviewed a land ownership dispute between the Konongo chief (Appellant) and the Juaso chief (Respondent, substituted by Nana Asafo Akaa Agyei Tabi). The High Court had entered judgment for the Respondent, awarding GH a2400,000 damages and GH a48,000 costs, after proceeding in the Appellant’s absence. On appeal, the Court found that the High Court took the Respondent’s evidence on specific dates without serving hearing notices on the Appellant or counsel, then fixed the matter for judgment without permitting cross-examination or defence, contravening Order 36 and violating the audi alteram partem rule. Reaffirming that appeals are by rehearing and that rules of court must be observed, the Court held the proceedings a nullity. It allowed the appeal, set aside the High Court’s judgment, vacated the damages and costs, and ordered a rehearing before a differently constituted High Court.
DOMAKYAAREH (MRS.), JA:
[1] This appeal emanates for the judgment of the High Court, Kumasi, dated 23rd January, 2014. The parties in this matter are the Chiefs of their respective Traditional areas. The Defendant/Appellant is the Chief of Konongo (Konongohene) while the initial the Plaintiff/Respondent was the Chief of Juaso (Juasohene). Upon his demise, he was substituted by Nana Asafo Akaa Agyei Tabi also Juasohene. In this judgment, for ease of reference, the Defendant/Appellant will be referred to as the Appellant while the Plaintiff/Respondent will be referred to as the Respondent.
[ 2] The Respondent initiated the action on his own behalf and on behalf of the Juaso Stool. The bone of contention between the parties is title to and ownership of a large tract of land situate in the Ashanti Akyem South District of the Ashanti Region. The land in dispute is more particularly described in these terms as per the endorsement on the Writ of Summons and Statement of Claim filed by the Respondent, to wit:
“All that land situate at Juaso sharing boundaries with the following villages and towns, namely, Juansa with the Subri River, Patriensa with the Subin River, Konongo with Awere, Kokrowe and Juentri River, Dwease and Obogu with the Dome River and referred to as Juaso stool land as shown on the Survey Plan based on National Archives of Ghana Certificate of Authentification Extracts dated 1910 – 1915 from File No. 662/10, an extract from Sct. 30/5 of page 136 of Mullars Survey Administration of Demarcation of Boundary lines of Stool Lands Properties.”
[3] The Respondent’s case is that he is the custodian of Juaso Stool Lands and that the parcel of land in dispute belongs to the Juaso Stool. Per his Statement of Claim filed on 06/10/11, The Respondent traced his root of title to the disputed property in great detail. However, the gravamen of his case is that the Appellant has trespassed unto his said Stool land by engaging in several unlawful acts, namely: - sending Graders to clear farmlands at Juaso Yawkwei; destroying the crops of his subjects so that he can develop the land and sell same; sending carpenters to set up a wood village on Juaso Stool land; granting land at Yawkwei to develop a Hospital and alienating the land to other 3rd party developers despite protests for the Respondent’s Stool and collecting revenue that would have accrued to the Juaso stool from Quarry activities on Juaso Stool land.
[4] Contending that the Appellant’s unlawfu