[1962]DLHC1344 • May 21, 1962 • High Court
AMOAKO ATTA II AND OTHERS vs. OSEI KOFI II AND OTHERS (NO.2)
The plaintiffs, representing the Akyem Abuakwa stool and its divisional stools, claimed title to land disputed with the Kwahu stool, represented by the defendants. The dispute concerned boundary demarcation between the two stools, with the defendants alleged to have trespassed and cultivated land south of the boundary fixed by a 1934 arbitration award. The land had been part of a forest reserve, portions of which were released to claimants including plaintiffs. The defendants admitted crossing the boundary from 1954 and causing damage to plaintiffs' villages and farms.
read moreJUDGMENT OF OLLENNU J. This suit commenced with a writ of summons issued on the 4th August, 1955, in the erstwhile Native Court “A” of Akyem Abuakwa. It was transferred to the Land Court by an order of the Land Court dated the 2nd March, 1956. The co-defendant, the Omanhene of Kwahu, was joined upon his application on the 22nd June, 1956. He had to be joined because by customary law a boundary dispute between a divisional stool in one state and a divisional stool in an adjoining state is a boundary dispute between the one state and the other; for no land can belong to the one paramount stool of the other, unless it belongs to or is in the occupation of a divisional stool under the paramount stool. Therefore whether he joined or not the judgment in the case would be binding upon him. The co-plaintiffs who claim title to portions of the land, subject-matter of the suit, as purchasers from the plaintiffs, were joined on the 30th January, 1957, also upon their application. O...