THE ASSEMBLIES OF GOD CHURCH OF GHANA AND DROBO TRADITIONAL COUNCIL vs. KWADWO OSEI

ATUGUBA, JSC:- The central issue in this appeal is whether it is the Drobohene or Japekromhene who has allodial title to the land in dispute. The trial court held that though the Drobohene might have some residual interest in the disputed land he failed to prove its nature and extent and therefore dismissed his claim thereto. The crux of counsel for the appellants’ submission is that as allodial title to the land in dispute formerly vested in the Bono or Gyaman Paramount chief who fell on the French Ivory Coast side of a partition of the territory of the Bono Kingdom between the French and the English, that title devolved on the Drobohene who was made Paramount Chief over the English side of the Bono Kingdom consequent upon the said partition. It is however clear from the record of proceedings that the claim of overlordship of Japekrom and other villages after the partition of the Bono or Gyaman Kingdom is based on British administrative elevation and not customary elevation .....