GYAMFI AND ANOTHER vs. OWUSU AND OTHERS [1980]DLCA1584

Date	1980-04-16
Suit No.
Citation No.	[1980]DLCA1584

ARCHER JSC

CHARLES CRABBE J.S.C

MENSA BOISON J.A.

ADUMUA-BOSSMAN FOR THE CO-DEFENDANT-APPELLANT.

NANA AKUFO-ADDO (WITH HIM DR. PREMPEH AND GLOVER) FOR THE SECOND DEFENDANT-APPELLANT.

K. ASUMADU-SAKYI (WITH HIM KODUA) FOR THE RESPONDENTS.

[1980]DLCA1584
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													<main id="main" class="content" style="min-height: 60rem" >GYAMFI AND ANOTHER <o:p></o:p>vs. <o:p></o:p>OWUSU AND OTHERS<o:p></o:p>[COURT OF APPEAL, ACCRA] <o:p></o:p>[1980] GLR 612<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
16
APRIL 1981<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ADUMUA-BOSSMAN FOR THE CO-DEFENDANT-APPELLANT.<o:p></o:p>

NANA AKUFO-ADDO (WITH HIM DR. PREMPEH AND GLOVER)
FOR THE SECOND DEFENDANT-APPELLANT.<o:p></o:p>

K. ASUMADU-SAKYI (WITH HIM KODUA) FOR THE
RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ARCHER, CHARLES CRABBE JJ.S.C. AND
MENSA BOISON J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CHARLES CRABBE J.S.C.<o:p></o:p>This
appeal arises out of three cases consolidated into one. The actions were
instituted for the recovery of about ¢1.5 million. It is in respect of
compensation paid by the Government of Ghana for the “acquisition” of certain
lands for the creation of a national park and a game reserve. The lands are on
the Afram Plains in the Ashanti Region. The lands acquired formed part of the
area known as the Digya-Kogyae. The lands are reputed to belong originally to
the Kumawu stool.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiffs-respondents (hereinafter referred to as the plaintiffs) sued “for
themselves and also on behalf of the Oman of Kumawu.” The
co-defendant-appellant (hereinafter referred to as the co-defendant) asked to
be joined to the action in his capacity as the Omanhene of Kumawu. He was
joined in his personal capacity as William Kore.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiffs say that the co-defendant, in collusion with the three defendants,
subordinates to the Kumawu stool, aided by some other persons, fraudulently
claimed the compensation. By so doing, moneys meant for the paramount stool of
Kumawu—the lands being stool lands—were paid, not to the paramount stool, but
to certain individuals including the second defendant-appellant (hereinafter
referred to as the second defendant) and the co-defendant. The plaintiffs also
contend that the receipt of the moneys by all the appellants, i.e. the second
defendant and the co-defendant, (because they were not entitled to them) made
them constructive trustees. The extent of the trusteeship of each of them
depended upon the moneys which each of them had received. At all times, it is
asserted, the oman of Kumawu are those who should benefit from the moneys paid
as compensation.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>Based on
the evidence and his findings, the learned trial judge, Roger Korsah J., gave
an erudite, searching judgment—full of thought, if I may say so—in favour of
the plaintiffs: see Owusu v. Agyei [1980] G.L.R. 1. Against the first
defendant, a sum of ¢4,000 was awarded; whilst against the second defendant and
the third defendant respectively, the sum of ¢531,960 and ¢4,000 were awarded.
And against the co-defendant the amount was ¢1,029, 592. Hence the appeal now
before this court brought by the second defendant and the co-defendant.<o:p></o:p><o:p>&nbsp;</o:p>Before
this court, counsel for the co-defendant, submitted that the occupant of a
stool was the proper person to bring an action in respect of stool property. If
the occupant of the stool and some of the elders would not take action, then
the other elders could take action to preserve the stool property citing in
support Kwan v. Nyieni [1959] G.L.R. 67, C.A. Under section 17 of the
Administration of Lands Act, 1962 (Act 123), the management of stool lands was
assigned to the minister. Section 7 of that Act gave power to vest certain stool
lands in the President. Any moneys accruing must be paid into the accounts kept
by the minister. Section 17 of the Act required the minister to collect all
revenue while subsection (2) of that section enabled the minister to bring this
action. He argued further that Act 123 was exempted from the provisions of the
State Lands Act, 1962 (Act 125). The claimants knew that the property was stool
property, and therefore the compensation was stool money. Counsel also
contended that, when the defendants as the claimants, got the moneys and
realised that it was stool money they should have written to the minister to
collect the moneys received by them as claimants. Section 19 of Act 123 dealt
with the disposal of moneys by the minister in accordance with the priorities
laid down in that section. The minister’s trust</main>