1949
HIGH COURT
GHANA
CORAM
AI Generated Summary
Nana Ofori Atta II, the Omanhene of Akyem Abuakwa, and Bafuor Owusu Amo, the Odikro of Muronam, sued Nana Bonsra Agyei, the Adansihene of Fomena, seeking a declaration of title and an injunction over the land known as Nsuakwate or Anungya on the right bank of the Anum River, as delineated in a court-ordered survey plan. The court noted that the disputed plot’s identity was common ground. Defendants pleaded estoppel based on a 1940 dismissal of a similar claim by representatives of the Muronam stool, a decision affirmed by the West African Court of Appeal in 1941. The court found the subject matter and cause of action in both suits identical and concluded that the earlier judgment, unreversed on appeal, was res judicata and established estoppel by verdict. It further held that the Omanhene, having knowledge and the right to intervene in the prior suit prosecuted by a subordinate stool claiming under him, was estopped by standing by. The claims were dismissed, and costs were awarded to the defendants.
Judgment:
By a Writ of Summons issued out of this Court on the 29th August, 1946, Nana Ofori Atta II, Omanhene of Akyem Abuakwa, Kibi, in the Gold Coast Colony, and Bafuor Owusu Amo, Odikro of Muronam claimed as against Nana Bonsra Agyei, Adansihene Fomena in Ashanti a declaration in the following terms :-
"The claim of the plaintiff Nana Ofori Atta II as Paramount Chief of Akim Abuakwa to whom Muronam Stool and Stool land are subject, and of the plaintiff, Bafuor Owusu Amo, as Odikro of Muronam to
whose Stool the Muronam Stool lands belong is for a declaration of their title to all that piece or parcel of land known as Nsuakwate or Anungya situate on the right bank of the Anum river and bounded on the North by River Sepong and land belonging to the Stool of Jumaask on the South by river Prah and land belonging to Amontia and Brenee Stools, on the East by Muronam Stool land and Anum river Forest Reserve and on the West by the river Apaa and Mem Bepo and land belonging to Bogyesoanwo Stool."
An injuction was also asked for on the 28th October, 1946, pleadings were ordered and on the 19th December, 1946, a Statement of Defence was filed in which a plea by way of estoppol was set up in paragraph 3 , on the grounds that the issues between the parties had been determined by a decision given by the Court of the Chief Commissioner of Ashanti on the 19th November, 1940, and which decision had been upheld by one of the West African Court of Appeal dated the 29th May, 1941.
On the 22nd July, 1947, Banka Ababio II, the Benkumhene was joined as a defendant and on the 1st September, 1947, filed his statement of defence in which he pleaded that he adopted the defence filed by the 1st defendant and pleaded that he defended as "caretaker according to Native Custom of the said lands".
On the 6th April, 1948, an order for a survey was made and an order made that each party should point out the area claimed to the Surveyor.
The survey was duly made and the plans were filed in this Court, copies of which were supplied to Counsel for the defendants and plaintiffs respectively on the 15th March, 1949, and 11th June, 1949.
The plan indicates quite clearly by the area marked and delineated in red the boundaries of the land now in dispute, and which is situate within the limits of larger areas claimed both by the plaintiffs and 1st defendant and which are indicated on the plan by the lines coloured in green and blue. The plan is the one exhibited and marked No. 1. The part