[1973]DLHC2360 • March 19, 1973 • High Court
ANIN vs. ABABIO AND OTHERS
The plaintiff, who was Bechemhene for about 34 years, abdicated in July 1967. The first defendant was enstooled as Bechemhene thereafter. The plaintiff claimed certain properties (cocoa farms, buildings, chattels) as his self-acquired property, acquired during his reign with personal funds and consent of stool elders, not stool property. The defendants denied this, asserting the properties were stool property. The plaintiff sought declaration of title, injunction against interference, accounting for profits, and damages for trespass.
read moreThe plaintiff was for about 34 years the Bechemhene. He abdicated in July 1967 and the first defendant was subsequently enstooled as the Bechemhene and he is sued in that capacity. The second and the third defendants are sued in respect of certain acts alleged against them in the course of their functions as public officers of the Brong-Ahafo Regional Administration, in connection with the Bechem stool affairs. The two other defendants are hardly of any importance in the present application and need no further mention. On 10 December 1968, the plaintiff instituted the present action claiming among other things: (1) A declaration that certain properties (listed in a schedule to the writ of summons) are the self-acquired properties of the plaintiff. (2) An order of injunction restraining the defendants from interfering with those properties or in respect of the said properties. (3) An order to account for proceeds, profits and rents out of those properties. (4) Damages for trespass....