[2012]DLSC6158 • April 18, 2012 • Supreme Court •
EBUSUA PANYIN KWA KAKRABA vs. KWESI BO
The appellant, claiming as the overall head of the Royal Adwenadzi family of Edukrom, sought declarations affirming his authority over the disputed lands, asserting ancestral possession and customary rites supporting his leadership. The respondent, a family member from a different section, contested this, claiming his section as original settlers and rightful custodians of the land. Both parties relied on prior judgments and customary claims to assert ownership and leadership rights.
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 custom tha...