[1999]DLCA104 • February 14, 1999 • Court of Appeal
AFFRAM AND OTHERS vs DIDIYE III; TWUM II v DIDIYE III (CONSOLIDATED)
The plaintiffs, descendants and licensees of the Burukuruwa stool in the Kwahu area, claimed ownership of a large tract of land based on historical documents discovered in 1990 indicating purchase by their relative, Kwaku Didiye. The stool rejected this claim, maintaining ownership and licensing the plaintiffs. The Kwahu Traditional Council ruled in favor of the plaintiffs, but the stool refused to yield, leading to two separate High Court actions consolidated on appeal. The plaintiffs sought declarations of title and ancillary reliefs against defendants dealing with the land and the stool occupant.
read moreJUDGEMENT Benin JA. Delivered the first judgment of the court at the invitation of Wood JA. I must start off by saying that these two cases were consolidated here on appeal just to facilitate the hearing since it became clear that the issues, both factual and legal, were almost the same in both appeals. Hence only one statement of case was filed by either counsel in both appeals, so that whatever analysis that may be done will apply to both appeals; but we will not hesitate to make separate orders should that become necessary. The facts giving rise to these actions were not in much disputes. For about a hundred and fifty years the plaintiff-respondent (hereinafter called the plaintiff) and his people, both past and present, have been licencees to the stool of Burukuruwa (hereinafter referred to as the stool) in the Kwahu area of the Afram plains, in respect of a large stretch of land. Sometime in the year 1990, the plaintiff and his people claimed to have discovered a document...