REPUBLIC vs. KWADWO II

This is an appeal by the Republic (hereinafter called the appellant) against the decision of the High Court, Kumasi, in favour of Nana Osei Kwadwo II (hereinafter called the respondent). The facts of the case are as follows: The respondent, Nana Osei Kwadwo II, is the Omanhene of Bekwai. Under him is a village called Fahiakobo. Fahiakobo is a stool land and is controlled by an odikro or an agent of the respondent, for ruling or controlling Fahiakobo. It is the practice in the area that the stranger farmers on the land, pay some money to the respondent and the other “odikro.” But with special regard to Fahiakobo the practice as alleged by the appellant is that, whenever any stranger farmer wants land for cultivation he has to consult the Bekwaihene, i.e. the respondent. The respondent will then refer him to the odikro of Fahiakobo, who will demarcate the land to the interested person. Any money paid in consideration of the transfer of the land is called “asikano,” and it goes ...