NANA OFORI DABAN II v. EKUA AKYEMA

JUDGMENT

Well over a century ago on 21st March, 1888 Kofi Bordai, ancestor or the defendant/respondent who hailed from Esikuma in the Gold Coast Colony, purchased a piece of land known as Asisiwah lying between Esikuma and Assin Anyinabirim. His vendor was Edward Francis Amissah of Essiam, also in the Gold Coast Colony. Kofi Bordai paid an amount of twelve pounds seven shillings for the land. According to the deed poll, exhibit A that evidenced the sale transaction, the purchased land contained ten villages including Asisiwah, Bentsinase, Mpeasem, Akinkoassie, Quandoo, Aninam, Gyingyinase, Odumbarkuo, and Otwitsin Awuradur. The result of the various long and protracted litigations that challenged Kofi Bordai's ownership and control of the land in dispute was that kofi Bordai and his successors retained the ownership and control of the land. The last challenge to Kofi Bordai's ownership of the land came from Nana Ofori Daban II, Chief of Assin Anyinabirim, the plaintiff/appellant herein directed at Ekua Akyema, successor to Kofi Bordai, the defendant/respondent herein. The basis of the plaintiff's challenge was that the deed poll dated 21st March, 1888, was allegedly tainted with fraud and therefore passed no title to the defendant's ancestor Kofi Bordai. In a writ of summons which was filed on 26th June, 1989 the plaintiff claimed for the following reliefs:

(a) Declaration that the deed poll bearing the date 21st March, 1888 whereby one Edward Francis Amissah purported to "bargain, sell, assign, transfer and set over unto" Kofi Bordai what was said to be a "a large plot of land between Essikumah and Assin Anyinabirim" and called "Assisiwah" containing certain villages is fraudulent and therefore a nullity.

(b) Delivery of the said document for cancellation.

(c) Injunction restraining the defendant by herself, servants or agents from in anyway whatsoever relying upon or making use of the said document.

The plaintiff's Amended Statement of Claim is as follows:

1. While the plaintiff is the chief of Assin Anyinabirim and institute this action in that capacity the defendant is the customary successor of one Kofi Bordaa or Bordai who died several years ago and is sued in that capacity.

2. Before his death Kofi Bordaa had had in his possession a document in the form of a deed poll bearing the date 21st March 1888 purported to be executed by one Edward Francis Amissah said to hail from Essiam whereby the said Edward Francis Amissah purported to 'bargain,