[2012]DLSC2589 • April 18, 2012 • Supreme Court •
EBUSUA PANYIN KWA KAKRABA
The appellant, claiming to be the overall head of the Royal Adwenadzi family of Edukrom, sued for a declaration that he is the proper person to deal with the disputed Edukrom lands. He asserted ancestral title dating back to precolonial times and alleged that the land is vested in the overall head of the family by custom. The respondent, a member of the same family but from a different section, denied the appellant's leadership and claimed that his section, the original settlers, are rightful custodians of the land. Both parties relied on various judgments and customary claims to support their positions.
read moreANIN YEBOAH, JSC; This is an appeal from the Court of Appeal, Accra, which affirmed the judgment of the High Court, Cape Coast. In these proceedings the appellant herein who sued as plaintiff claimed for a declaration to the effect that as an overall head of the Royal Adwenadzi family of Edukrom he is the proper person to deal with the lands in Edukrom. Other reliefs to the effect that the land the subject matter of the dispute is vested in the overall head of family by virtue of a judgment and other reliefs which are ancillary were also sought. The plaintiff endorsed his writ as suing for himself and on behalf of the Royal Adwenadzi family of Edukrom. In a lengthy statement of claim which accompanied the writ of Summons, the appellant traced the root of title of the family to pre-colonial times and asserted that ever since his ancestors migrated from Techiman to settle on the land, they had enjoyed undisturbed possession. According to the appellant it has always been the custo...