USSHER v. KPANYINLI II

A subject of the Ekpu stool and the Chief of Ekpu disputed ownership of land at Ekpu Ezanzie. The Omanhene deputed elders to arbitrate, and the award favored the chief’s stool, with costs and customary items ordered. The plaintiff sued in the High Court, Sekondi, challenging what she called “Part II” of the ruling and seeking title, damages for trespass, and injunction. At trial, evidence conflicted over the arbitrators’ composition, chairmanship, whether proceedings were recorded, and the award’s nature. The registrar of the Western Nzema Traditional Council attempted to tender typed proceedings, claiming a thumb‑print by Awulae Amanzuley Kesse II, Tufuhene of Benyin, but the trial judge rejected them. On appeal, the Court of Appeal held the typed documents were inadmissible hearsay, not official records under the Evidence Decree, reaffirmed deference to credibility‑based factual findings, and treated an earlier effort by the late Chief of Ekpu as a non‑binding negotiated settlement. One error on capacity to sue was deemed immaterial. The appeal was dismissed.