OWUSU AND OTHERS v. AGYEI AND OTHERS

This Ghana High Court case concerns compensation paid after the Government, by L.I. 710 under Act 43, compulsorily acquired the Digya and Kogyae areas of the Afram plains. Solicitor Appiah-Menka filed claims for sub-chiefs of Kumawu—Kyidomhene Nana Kwabena Agyei, Osiakwanhene Nana Adu Gyamfi, and Gyaasehene Nana Adu Boateng—asserting freehold interests, and the Lands Department swiftly approved and paid the sums claimed. The Omanhene, Barima Asumadu-Sakyi II, acknowledged receipt and distribution of funds, including a press conference explaining allocations. Citizens of Kumawu sued on behalf of the "oman" alleging fraud, improper payments before statutory publication, and misappropriation of stool property. The court held that payments prior to publication were irregular, defendants and the Omanhene were constructive trustees liable to return funds, customary non-accountability could not shield private fraudulent conduct, and the plaintiffs had locus standi to sue representatively to preserve stool property. Monetary judgments and costs were ordered, with deposit of funds and a copy of the judgment sent to the Attorney-General.