GH - OPANIN KWAKU ADUNA v. FRANCIS KOLA & ANOR

KULENDI JSC:

INTRODUCTION

We have before us, an appeal against the judgment of the Court of Appeal which is dated 25th March, 2025 by their Lordships Georgina Mensah-Datsa (Mrs.), Alex Owusu Ofori and Kwamina Baiden JJA.

BACKGROUND

The Plaintiff/Respondent/Appellant (hereafter referred to as the Plaintiff), commenced an action in the High Court against the Defendants/Appellants/Respondents (hereafter referred to as the Defendants) for the following reliefs:

A. Declaration of title and recovery and possession of all that piece and parcel of land situate and lying at "Agyeiano" or "Akuokoso" on Sunyani Stool land which said land shares common boundary with the properties of Mmransa family, Abesim stool land, Domenase family and Agyei stream.

B.General damages for trespass.

C. An order of perpetual injunction restraining the defendant, his family members, assigns, agents, workmen, labourers etc from dealing with or claiming exclusively the disputed land in any manner or whatsoever.

3 .The Plaintiff’s case, as gleaned from an Amended Writ of Summons and its accompanying Amended Statement of Claim filed on 9th June, 2016, was that he is the Abusuapanyin of the Krotia Benkum Family of the Sunyani Traditional Area and had instituted the action for himself and on behalf of the Krotia Family of Sunyani.

The land in dispute was originally acquired by Plaintiff’s great ancestor called Nana Obiri Yeboah I over a century ago. The said ancestor and his descendants arrived at Sunyani with the family god called “Obosom Akuoko”. The then Sunyanihene asked Plaintiff’s ancestors to settle at the place called Krotia which literally means outskirts of the town. It is from this name that Plaintiff’s family came to be known as the Krotia Family. The said Nana Obiri Yeboah I became the first Benkumhene of the Sunyani Traditional Area.
The land in dispute is also commonly called Akuokoso after the god Obosom Akuoko. Plaintiff’s ancestor cultivated cocoa, citrus, cola and other food crops on the land and also established a cottage on the said land where he lived until his death. The Krotia Benkum Family has remained in active possession and occupation of the land for years.
In or around the 1970s, the Brong-Ahafo Regional Development Corporation (BARD

BACKGROUND

The Plaintiff/Respondent/Appellant (hereafter referred to as the Plaintiff), commenced an action in the High Court against the Defendants/Appellants/Respondents (hereafter referred to as the Defendants) for the following reliefs:

A. Declaration of title and recovery and possession of all that piece and parcel of land situate and lying at "Agyeiano" or "Akuokoso" on Sunyani Stool land which said land shares common boundary with the properties of Mmransa family, Abesim stool land, Domenase family and Agyei stream.

B.General damages for trespass.

C. An order of perpetual injunction restraining the defendant, his family members, assigns, agents, workmen, labourers etc from dealing with or claiming exclusively the disputed land in any manner or whatsoever.

The land in dispute was originally acquired by Plaintiff’s great ancestor called Nana Obiri Yeboah I over a century ago. The said ancestor and his descendants arrived at Sunyani with the family god called “Obosom Akuoko”. The then Sunyanihene asked Plaintiff’s ancestors to settle at the place called Krotia which literally means outskirts of the town. It is from this name that Plaintiff’s family came to be known as the Krotia Family. The said Nana Obiri Yeboah I became the first Benkumhene of the Sunyani Traditional Area.

The land in dispute is also commonly called Akuokoso after the god Obosom Akuoko. Plaintiff’s ancestor cultivated cocoa, citrus, cola and other food crops on the land and also established a cottage on the said land where he lived until his death. The Krotia Benkum Family has remained in active possession and occupation of the land for years.

In or around the 1970s, the Brong-Ahafo Regional Development Corporation (BARD

OPANIN KWAKU ADUNA v. FRANCIS KOLA & ANOR

Areas of Law

JUDGEMENT

KULENDI JSC:

INTRODUCTION

BACKGROUND

Ask Case

OPANIN KWAKU ADUNA v. FRANCIS KOLA & ANOR

Areas of Law

JUDGEMENT

KULENDI JSC:

INTRODUCTION

BACKGROUND

Ask Case