ATTA PANYIN AND ANOTHER vs. NANA ASANI II; ATTA PANYIN AND ANOTHER vs. ESSUMAN (CONSOLIDATED)

JUDGMENT OF FRANCOIS J.A. This is an appeal against the decision of the late Charles Owusu J. sitting in the Cape Coast High Court, in two actions which were consolidated for trial. The first of these suits was filed in February 1963 by the plaintiff-respondent, Nana Asani II, Ohene of Bedum, on behalf of his stool subjects against the defendants-appellants, abusuapanyin Atta Panyin and Nana Amuakwa Boadu VI, representing the stools of Ewumaso and Breman Asikuma, respectively. The respondent sought an order of the court declaratory of his right to a quiet sojourn on the appellants’ Adumegya or Bedum land upon payment of annual customary tribute. He also sought a protective injunction to shield his subjects from the harassment to which they had been subjected by the appellants. He pleaded that in an earlier suit initiated by the appellants in 1958 in the Breman Asikuma Native Court B (subsequently transferred to the Cape Coast High Court for trial) the appellants had obtained a dec.....