AWULAE ATTIBRUKUSU III vs. OPPONG KOFI AND OTHERS

The plaintiff, Omanhene of the Lower Axim Traditional Area and head of the Royal Nvaviley Family, claimed title and possession of a 15 square mile land within the Lower Axim Stool lands. The defendants, descendants of a family originally from Ahanta, claimed usufructuary rights over part of the land, asserting ancestral occupation and cultivation dating back about 150 years. The dispute arose after the defendants published a Statutory Declaration in 1984 claiming ownership of the land, and alienated portions without the plaintiff's consent. The plaintiff sued for declaration of title, recovery of possession, damages, injunction, and nullification of the Statutory Declaration. The defendants admitted the plaintiff's allodial ownership but claimed determinable or usufructuary title over their granted area and denied permission was granted for their ancestors' settlement, though they paid tribute to the plaintiff's stool.

ARYEETEY, JSC: In this judgment we would refer to the plaintiff/appellant/respondent as the plaintiff and the defendants/respondents/appellants as the defendants. The endorsement on the plaintiff’s writ of summons which was issued on 17th June 1996 in his claim against the defendants is for the following reliefs: a) Declaration of title to all that piece and parcel of land situate, lying and being within Lower Axim Traditional Area in the Western Region of Ghana measuring 15 square miles and bounded on the North by the Main Axim-Takoradi Motor Road, on the South by the Agyambra Stool Lands, on the West by Domunli/Agyan and Akonu Stool Lands and on the East by Agyambra and Abura Stool Lands; b) RECOVERY OF POSSESSION; c) DAMAGES FOR TRESPASS; d) PERPETUAL INJUNCTION against the defendants, their agents and/or servants, assigns and workmen etc. from interfering with the plaintiff and the Royal Nvaviley Family of Lower Axim and the stool’s possession occupation and enjoyment o...