March 21, 2023
HIGH COURT
GHANA
CORAM
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The Plaintiff on the 15th day of October, 2014 caused a Writ of Summons to be issued
against the Defendants herein and claimed for the following reliefs:
a. Perpetual injunction restraining the 1st to 7th Defendants, their agents,
followers, workmen, assigns, etc. from alienating or granting portions of
Gyahadze stool land to anybody without expressed consent and authority
of Plaintiff and his elders.
b. An order for perpetual injunction restraining 8th, 9th, and 10th Defendants,
their agents, workmen, assigns, etc. from carrying on any sand winning
activities on any portion of the Gyahadze stool land.
c. An order for cancellation of any purported grant of Gyahadze stool land
concessions to the 8th, 9th and 10th Defendants and recovery of possession
of the purported concessions.
d. An order for compensation for all legitimate licenses and land owners
affected by the activities of the 8th, 9th and 10th Defendants.
e. General damages for trespass and damage to the land.
f. An order to account for the sand winning so far done to Plaintiff.
g. Cost incidental to the suit including solicitor’s cost.
THE CASE OF THE PLAINTIFF
It is the case of thePlaintiff that he is the chief of Gyahadze and lives at Gyahadze and
that 1st to 6th Defendants are paternal family members of Plaintiff and live at Gyahadze.
The Plaintiff further stated that the 7th Defendant is a driver and lives at Gyahadze
whilst 8th, 9th and 10th Defendants are Contractors.
The Plaintiff avers that Gyahadze lands are stool lands under the control of Plaintiff and
that his ancestors broke the Virgin forest of Gyahadze and attached same to the stool.
The Plaintiff avers further that successions of Gyahadze stool occupant have occupied
and controlled Gyahadze stool lands, and Plaintiff is the present occupier of the
Gyahadze stool in occupation and control of Gyahadze stool lands.
The Plaintiff contends that 1st to 7thDefendants without the consent and authority of the
Plaintiff have started alienating and granting portions of the Gyahadze stool lands
under the control of Plaintiff to others including 8th, 9th and 10th Defendants.
The Plaintiff avers thatthe 1st to 7th Defendants have specifically granted portions of the
stool lands in issue to 8th, 9th and 10th Defendants for sand winning without the consent
and authority of the Plaintiff and his elders. The Plaintiff further avers that the activities
of the 8th, 9th and 10th Defendants are destroying the farm lands
AI Generated Summary
In the High Court, Winneba, the Chief of Gyahadze sought injunctions, cancellation, damages, and accounting against Gyahadze family elders, a sub-chief, and contractors for unauthorized sand-winning on Gyahadze stool lands. He claimed these grants occurred without the consent of the stool occupant and elders, causing destruction of farms, topsoil, and Lake Gyaha, and alleged extortion from legitimate grantees. The defendants argued the Effutu Paramount Stool broke the virgin forest, allotted land to Gyahadze, retained the final power of alienation, and that contractors held Effutu Municipal Assembly licenses; destoolment proceedings were ongoing. Applying Ghana’s Evidence Act burdens and established stool land principles, the court held that only the sub-stool occupant may alienate attached stool lands (not the overlord) and found defendants failed to prove contrary authority or capacity. The court granted perpetual injunctions, cancelled grants to contractors, awarded GH¢15,000 damages for trespass and GH¢30,000 costs, and dismissed the counterclaim; two reliefs were refused.