1947
HIGH COURT
GHANA
CORAM
AI Generated Summary
In a land title dispute transferred from the Kwahu State Tribunal to the Land Court, the Bukuruwa Stool, under the Kwahu Stool, sought a declaration to an extensive area bounded by the Rivers Obosum, Afram and Volta, including forests, farms and villages. By trial, Yaw Nkansah II (Dsasehene of Bukuruwa) and Akwamoa Akyeampong (Omanhene of Kwahu) proceeded against Wudanu Kwasi (for Chief Tawia), David Akuamoa alias Yaw Koi, and Chief Djaba III (for Chief Osei Tutu of Wusuta). The Wusuta Stool and its sub‑chiefs claimed much of the land; the second defendant was alleged to be a Wusuta tenant. The court considered a 1903 arbitration by a Travelling Commissioner, conducted on the disputed land, which awarded dominion to the Kwahu over former Asabi lands and found Wusuta supporters to be refugees or strangers. Despite arguments that the award could not bind Wusuta’s head chief, the court admitted it as evidence, emphasizing German-era constraints that prevented cross‑border authority. Weighing the award and other testimony, the court held the balance slightly in favor of the Kwahu, granted the declaration sought, and assessed costs.
Judgment :
The Writ of Summons in this case was issued on the 13th March, 1940 , in the Kwahu State Tribunal at the instance of Nana Kofi Badu II Chief of Bukuruwa as Plaintiff against Chief Tawia of Atipradaa and David Akuamoa alias Yaw Koi of Adukrom. The case was transferred to the Divisional Court by Order of the Commissioner of the Eastern Province dated the 21st March, 1942, and by virtue of recent legislation falls within the jurisdiction of this Court (the Land Court). Chief Osei Tutu of Wusuta, the overlord of Chief Tawia, was ioined as Co-Defendant on the 8th July, 1942.
Pleadings having been ordered, the Statement of Claim was delivered on the 19th December, 1942. The Claim as amended is for a declaration of title to a large area of land bounded on the north by the River Obosum, on the south by the River Afram, on the east by the River Volta, and on the west by Kwahu territory belonging to various divisions of the Kwahu State. The land contains forest in which until recently elephants were hunted, farm lands, rivers, and numerous villages, these especially on the west bank of the important River Volta.
The land claimed has been surveyed under an Order of the Court dated the 10th February, 1942. All parties took advantage of the opportunity to indicate to the surveyor boundaries and any features on the land which they desired to be shown in the plan. The preparation of the plan was a big undertaking, and it was not completed until the 8th February 1944.
The Statement of Defence of the 1st Defendant, Chief Tawia, is dated the 13th April, 1943, that of the 2nd and 3rd Defendants is dated the 5th February, 1943.
The trial of the case was delayed by efforts made by the 3rd Defendant Chief Osei Tutu and his superior the Head Chief of the Akpini State to have the dispute referred to arbitration.
By the time the actual trial started before me Yaw Nkansah II, Dsasehene of Bukuruwa had been substituted for Kofi Badu II as Plaintiff and Akwamoa Akyeampong, Omanhene of Kwahu, had been joined as Co-Plaintiff. Also Wudanu Kwasi had been substituted for Chief Tawia of Atipradaa, and Chief Djaba III for Chief Osei Tutu of Wusuta.
Although the hearing started on the 12th September, 1946, it was not until the 16th September, that Mr. Bossman appeared for the 2nd Defendant, or until the 20th September that the 1st and 3rd Defendants were represented, by the same Counsel. Although this course of events was obviously unsatisfactory all parties were enabled to