YAA POMAA ALIAS YAA ATAA vs. NANA AKOFENA BEDIAKO AND AMADU BANDA ALIAS ABEY [2014]DLHC8265

Date	2014-11-20
Suit No.	SUIT NO. E1/240/06
Citation No.	[2014]DLHC8265

HIS LORDSHIP MR. JACOB B. BOON

F. K. BOUR FOR THE PLAINTIFF

ASANTE KROBEA FOR THE DEFENDANTS

[2014]DLHC8265
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													<main id="main" class="content" style="min-height: 60rem" >YAA POMAA
ALIAS YAA ATAA<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>NANA AKOFENA
BEDIAKO AND AMADU BANDA ALIAS ABEY<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH
COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. E1/240/06&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
20TH NOVEMBER, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>F.
K. BOUR FOR THE PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ASANTE
KROBEA FOR THE DEFENDANTS<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:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP MR. JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>In
the instant action, the core issue touches on the ownership of a plot of land
described as Plot No. 9, “Kyekyeraso”, Nkukua Buoho, near Kumasi. The plaintiff
issued the writ on 17th May, 2006 against the chief of Buoho and
another, claiming declaration of title to the plot of land. She also claimed
damages for trespass as well as an injunction against the defendants. She
further prayed for other reliefs relative to an alleged arrest and detention of
her and another person but led no evidence in that regard at the trial, presumably,
abandoning those reliefs whilst she concentrated on that for declaration of
title to the disputed land. She claimed the disputed land was allocated to her
ancestors who had migrated from Denkyira to Buoho area during the
Ashanti-Denkyira war, in the reign of Otumfour Osei Tutu 1, as the Asantehene.
She averred that on the instructions of Nana Osei Tutu 1, the then Nkukuabuoho
chief called Nana Asumadu-Brimpong 1, allocated a parcel of land for her
ancestors who possessed it for over 300 years, from generation to generation.
According to her, she is a member of the Aduana family, but other families were
also allocated various pieces of land and they cultivated those lands until they
became part of Buoho township with physical development; that consequently, the
lands were demarcated into building plots some of which were given to the 1st
defendant in his capacity as the current Buoho chief. She further asserted that
on sharing of the plots, the disputed property came into her possession as a
gift from her late uncle called Opanin Kwadwo Acquah. She said she offered
aseda to acknowledge the gift. It is also her case that even before the
demarcation, she had farmed on the same land for twelve years. She stressed that
her family has prepared a site plan in respect of the land it occupied.
However, at the trial, no such plan was put in evidence, though at a point an
adjournment was granted to enable the witness called by her to produce a plan
of the area for the guidance of the court. He also failed to produce the
so-called plan.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff
then averred that it was only recently she discovered that some trespassers
were working on the disputed land whereby a building was being erected; that
she conducted her own investigations which revealed that the defendants were
those putting up the structure on her property. She asserted that together with
some family members, they tried in vain, to ward off the defendants from the
land, and as if that was not enough, the 1st defendant instigated
the Kodie Police and she one and one J. A. Boamah were arrested and unlawfully
detained. As I indicated earlier, she abandoned the reliefs she put up in
respect of the alleged arrest and detention.<o:p></o:p><o:p>&nbsp;</o:p>In
response, the defendants counterclaimed for declaration of title to the land,
damages for trespass and injunction against the plaintiff, essentially the same
reliefs prayed for by the plaintiff. In the accompanying statement of defence,
the defendants traced the history of Buoho lands to the creation of the Kyerema
Stool by Otumfuo Osei Tutu I when he allocated the lands to Nana Asumadu
Brempong for the role he played in ensuring the success of the Asantehene in
the Ashanti-Denkyira war. They asserted that Nana Asumadu Brempong is an
ancestor of the 1st defendant and when he took possession of the
land so demarcated to him by Otumfuo Osei Tutu I, he permitted some families,
including the ancestors of plaintiff to farm on portions of the land for their
livelihood, such that the rights of the families were limited to only farming
on the lands. 1st defendant admitted that the family of plaintiff
was allocated five building plots when the land in which her family farmed was
demarcated into building plots, but denied that the disputed property was
included in those plots given to her family. The alleged gift to the plaintiff
by her uncle Opanin Kwadwo Acquah was therefore denied for the reason that he
did not own the land and possessed no capacity or authority to either gift or
alienate th</main>