PHILIP KWAKU ABABIO VS NANA KWESI OMANKOMANTEY II

By his writ of summons dated 24 May 2021, the Plaintiff as clan head of Yafoaes of Banda claims against the defendant as Chief of Banda as follows: -1. A declaration that the Banda lands are owned by the Plaintiff’s family, and which is bounded as follows: On one side by the property of Chokes On another side by property of Wiae On another side by property of Nawure On the last side by properties of Chonkes and Nawure 2. An order directed at the defendant to render accounts of his stewardship for the period he became chief till date.

3. An order that, the way and manner the proceeds and the lands were managed before the defendant was installed as chief be reinstated and which is in a democratic, transparent and open manner.

4. An order directed at the defendant not to manage the lands or deal with same in a way whatsoever without consulting the Plaintiff.

5. An order for Perpetual injunction directed at the defendant, his assigns, privies, agents, workmen, servants and anybody at his behest from alienating disposing or dealing with any portion of the land whatsoever.

6. Costs.

7. Any other reliefs/orders that the court deems fit and appropriate.

The plaintiff’s writ was accompanied with a 25-paragraph statement of claim.

Upon service of the Plaintiff’s writ of summons and statement of claim on the defendant, he entered appearance and filed a defence denying the claim of the Plaintiff but did not counter claim.

CASE FOR THE PLAINTIFF The Plaintiff’s case is that he is the Clan head of Yafoae of Banda in the Krachi-Nchumuru District.

The clan is made up of the following families: Ntebrese, Yaw Panni and Dabone families.

According to plaintiff the Banda lands belong to his Yafoae clan.

Plaintiff contends that he is the custodian of the Yafoae lands and any chief of Banda has no role in the administration of Yafoae lands.

It is the case of the Plaintiff that till the defendant was installed as chief, there was proper arrangement put in place which involved his family as to how the lands and the proceeds from sale were shared mainly among two clans being Yafoae and Tekpan.

According to Plaintiff since the defendant ascended the Banda stool in 1988, he has sidelined and formed his own committee to superintend over the Banda lands and that the defendant and the said land committee has since engaged in reckless sale of land without any form of accountability to the Yafoae clan.

CASE FOR THE DEFENDANT The case of the defendant is that it is the o