ASARE AND OTHERS
V.
APPAU II

(1986) JELR 65686 (CA)    
Court of Appeal  ·  12 Jun 1986 ·  Ghana
CORAM
ABBAN JA,OSEI-HWERE JA,AMUA-SEKYI J.A.
Core Terms Beta
plaintiff
defendants
evidence
case
court
title
declaration of title
high court
disputed land
possession of the land
abortive trials
kumasi municipal court
occupation of the land
plaintiff fails
privy council
real question
rival traditional stories
stool of pankrono
strength of his own case
weakness of the defendant
abakam effiana family v
amua-sekyi j.a.
anterkyi j.
appeal record
caretakers of the land
common run of land suits
decision of anterkyi j.
evidence of yaw frimpong
first odikro of domi
great-grandmother
kwabena poku
matter of the counterclaim
nana brobbey kwakye asare
occupation of subjects of the nkawie stool
odikro of pankrono
oheneba kwaku duah
original settlement of their ancestors
predecessor of the second defendant
recent times
recovery of possession
safohene gyamfi
said gyamfi
son of owurasie
suit call domi
tract of land
traditional history
traditional story
traditional story of the plaintiff
vicinity of the town of pankrono
whole evidence

AMUA-SEKYI J.A.: In the vicinity of the town of Pankrono, there is a tract of land which the parties to this suit call Domi. Each side claims it by original settlement of their ancestors some three hundred years ago. The appellants, who were the defendants in the court below, are Nana Brobbey Kwakye Asare, Odikro of Pankrono, and Nana Owusu Afriyie II, Ohene of Nkwantakese. The stool of Pankrono is a sub-stool of that of Nkwantakese. The respondent, who was the plaintiff in the court below, is Nana Kwabena Kuffour II, Ohene of Nkawie.

The action was commenced in or about 1954 by Nana Twum Barima Appau II, the then Ohene of Nkawie, in the Kumasi Municipal Court. After two abortive trials, the case was sent to the High Court, Kumasi for yet another retrial. Hearing started before Roger Korsah J but was concluded before Anterkyi J. who entered judgment for the plaintiff.

By the time the case came up for trial in the High Court the original parties and most of the witnesses who gave evidenc…

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