[2019]DLCA7720 • October 29, 2019 • Court of Appeal
KWADWO FOSU (PLAINTIFF/APPELLANT) vs. NANA OSEI AKOTO VI (DEFENDANT/RESPONDENT)
The plaintiff acquired three plots of land situated on Bomso Stool land from Nana Kofi Krah, then Odikro of Bomso, in 2001. The plaintiff obtained title documents in 2012 and registered the land. The defendant, the current Chief of Bomso, allegedly harassed the plaintiff and obstructed development on the land. The defendant denied the transfer, asserting that Nana Kofi Krah lacked customary authority to convey the land and that the land remains stool property.
read moreMARIAMA OWUSU, J.A.: On 18th April, 2018, the High Court, Ashanti Mampong dismissed plaintiff’s action for want of jurisdiction. In his judgment, the trial Judge held among others as follows: “Having held that the present suit though a land matter cannot be divorced from a cause or matter affecting chieftaincy, it follows naturally that, this court has no jurisdiction to determine this suit and I so hold. The plaintiff’s action is therefore dismissed for want of jurisdiction.” Dissatisfied with the decision of the High Court, the plaintiff appealed to the Court of Appeal on the following grounds: a. That the trial Judge erred in holding that the case is a cause or matter affecting chieftaincy. b. That the trial Judge erred in declining jurisdiction. c. That the trial Judge erred when he failed or refused to deliver a judgment on the merits of the case. d. That the judgment is against the weight of the evidence. e. Further ground(s) of appeal will be filed on receipt o...