NANA OSEI MENSAH BONSU v. NANA ASSAW DRAMANI ALIAS NANA ASSAW & ANOTHER
2021
COURT OF APPEAL
GHANA
CORAM
- TANKO AMADU JSC (PRESIDING)
- H.A. KWOFIE J.A
- A. OPPONG J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
- Tort Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal arose from the High Court, Sunyani, where the Chief of Yefri, acting for the Yefri Stool under the Nkoranza paramountcy, sought declarations that the Babatorkuma settlement lands fall under Yefri’s caretakership, damages for trespass, and a perpetual injunction. The Respondents—led by the head of the Gonja community at Babatorkuma and the Tuluwe Wura—denied the claims, asserting historical conquest and continuous possession since 1948 and raising laches, acquiescence, and limitation. On appeal, the court treated capacity as a threshold issue, finding that the Appellant’s own pleadings acknowledged Nkoranza Stool’s ownership, yet he lacked authority from the Nkoranzahene or a lawful instrument to sue. It also enforced procedural rules and struck out the misdirection ground for lacking particulars. Affirming the trial court, the court held the action was statute-barred under section 10 of NRCD 54 due to the Respondents’ adverse possession and dismissed the appeal.
TANKO AMADU JSC
(1) This appeal is from the judgment of the High Court, Sunyani dated 28th October 2016. In the High Court, the Plaintiff/Appellant (hereinafter referred to as the ‘Appellant’) took out a writ against the Defendants/Respondents (hereinafter referred to as the ‘Respondents’) for the following reliefs:-
“(a) A declaration that all the lands on which the settlement
known as BABATORKUMA is located which land shares boundary with the Kintampo Stool Land, Kintampo Tamale Trunk road, Kakai Village Chivana Village and Pumpuan Village in Brong Ahafo are lands under the caretakership and control of YEFRI STOOL the YEFRI STOOL having long ago been made the caretaker stool of the land by the OMANHENE STOOL of NKORANZA which is the immediate overlord of Yefri.
(b) A declaration that the Defendants act of laying claim to the
BABATORKUMA LANDS as their land is tantamount to trespass.
(c) Damages for trespass
(d) Perpetual injunction”
(2) In the accompanying statement of claim, the Appellant described himself as the Chief of Yefri and had brought the action on behalf of the Yefri Stool which is a sub stool under the Nkoranza paramouncy. He further asserted in paragraph 3 of the statement of claim that:
“3. Plaintiff emphatically states that all that piece of land lying to
the right side of the KINTAMPO-TAMALE trunk road from Kintampo to the Black Volta belongs to the Omanhene Stool of Nkoranza with the land lying on the left side of the same trunk road from Kintampo to the Black Volta belonging to the Mo Stool”.
In paragraph 6, the Appellant asserted that:
“(b) Plaintiff states categorically that for services rendered by his
stool to the overlord stool of Nkoranza, and for valour shown in the wars of old, the Omanhene of Nkoranza made the YEFRIHENE, the caretaker and immediate custodian of all the land demarcated to belong to the Nkoranza paramouncy from Kintampo to the Black Volta on the right side of the Kintampo-Tamale trunk road.
(3) The Appellant alleged that during celebrations of Yam Festival by YEFRI, the various ethnic groups or settlers led by their community leaders come and pay homage to him as YEFRIHENE and immediate overlord, but the 1st Defendant who is the head of the Gonja community of Babatorkuma has refused to pay such homage and has sent word to heads of other settler communities not to honour any invitation by the Appellant. According to the Appellant, whereas the 1st Respondent has denied Appellant’s claim to the subject