KWADWO FOSU (PLAINTIFF/APPELLANT/RESPONDENT) vs. NANA OSEI AKOTO VI

JUDGMENT KULENDI JSC:- INTRODUCTION: This is an appeal against the judgment of the Court of Appeal, Kumasi dated 29th October, 2019. By the said judgment, the Court of Appeal set aside the High Court judgment of 18th April, 2018 which dismissed Plaintiff/Appellant/Respondent’s (hereinafter called the “the Respondent”) action on the ground that the course of action constituted a cause or matter affecting chieftaincy and entered judgment for the Respondent in respect of the reliefs endorsed on his writ of summons. BACKGROUND: The Respondent issued a Writ of Summons and Statement of Claim against the Defendant/Respondent/Appellant (hereinafter called “the Appellant”) on 15th October, 2014 for the following reliefs: a. Declaration of title to Plot No. 1 which is situate on the Bomso stool land and bordering on the Akosua Nsowaa Avenue and Plots No. 2 and 3 which are also situate on the Bomso Stool land and bordering on Adwoa Maanu Avenue all in the Afigya Kwabre Dis...