NANA OBENG AKROFI v. NANA ASANTE AMPADU AND 2 OTHERS
1999
COURT OF APPEAL
GHANA
CORAM
- ESSILFIE-BONDZIE, J. A. (PRESIDING)
- TWUMASI J. A
Areas of Law
- Civil Procedure
- Constitutional Law
- Property and Real Estate Law
1999
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Essilfie-Bondzie J.A. authored the lead judgment in an appeal arising from a High Court action over Plot No. 86 at Nkawkaw Ahenfie. The occupant of the Obomeng Stool sued former elders of the late Odikro of Nkawkaw, Nana Bonsu Nyame, seeking declaration of title, recovery of possession, damages for trespass, exhumation, and an injunction. The defendants moved to dismiss, arguing the suit was a cause or matter affecting chieftaincy, and appealed after the motion was denied. The Court of Appeal examined Article 140(1), section 57 of the Courts Act, and section 66 of the Chieftaincy Act, concluding the case concerned recovery of stool property unconnected to nomination, installation, destoolment, or abdication. It held the plaintiff had capacity, the High Court had jurisdiction, dismissed the appeal, and remitted the matter for trial on the merits. Benin J.A. and Twumasi J.A. concurred.
JUDGMENT
ESSILFIE-BONDZIE, J. A:
On the 3rd March, 1997 the Plaintiff/Respondent (who will hereinafter be referred to as the plaintiff) sued the Defendant/Appellants (hereinafter referred to as the defendants) in the High Court Nkawkaw for reliefs quoted hereunder.
(a) A declaration of right title and ownership to all that piece or parcel of land known as PLOT NO. 86 with building thereon known as Nkawkaw Ahenfie and recovery of possession of same.
(b) Damages for trespass thereon.
(c) Exhumation of the body of Nana Bonsu Nyame (deceased) Ex-Odikro of Nkawkaw.
(d) An order of injunction restraining the defendants, their fellows and followers from going onto the land or interfering therewith for the purpose of performing any customary functions and/or rites thereon or therein.
In the statement of claim which accompanied the writ of summons the plaintiff described the land in dispute in paragraph 3 thereof as follows.
“(3) The disputed land, situate at sector 1B Block ‘D’ in Nkawkaw bounded on the North by Plot No. 87, on the South by a road and on West by a road, and with a building or buildings thereon is/are on Obomeng Stool Land and is now registered in the Land Registry as 262/1997 and RE. 170/97” (The emphasis is mine)
The plaintiff further alleged that the building was put up by his predecessor Nana Yaw Mensah (deceased) who died in 1948. He said that Nana Yaw Mensah his predecessor put up the said building in the 1920's when Nkawkaw was a very small village, of the statement of claim the plaintiff pleaded that "The defendants were the erstwhile elders of
Nana Bonsu Nyame (deceased) and Ex-Odikro or headman of Nkawkaw and reside at various places in Nkawkaw, also pleaded that sometime in December, 1996, Odikro Bonsu Nyame died and his elders informed him of the fact but before he could arrange the necessary customary matters the defendants had against all custom buried him in the disputed land hence his claim for the exhumation of the body from the disputed land. The plaintiff has also averred that his stool required the disputed property urgently for customary purposes but the defendants who were squatters, and trespassers thereon have refused or neglected to vacate the land despite notice of demand.
On the 15th March, 1997 the defendants filed a motion to dismiss and strike out the Action, after they had entered a conditional appearance, for want or lack of jurisdiction. Their claim can be found in paragraph 6 of their affidavit in suppor