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NANA ASARE BAAH II
V.
NANA AGYEIWAA KORDIE II

(2020) JELR 112296 (CA)

Court of Appeal 5 Nov 2020 Ghana
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- Appeal dismissed; High Court’s decision upheld that plaintiff failed to establish the existence of a binding custom or valid agreement entitling plaintiff’s family to a share of Akokoaso stool land proceeds. - Key legal principle: For a g

Case Details

Suit Number:H1/228/2018
Judges:SENYO DZAMEFE, J. A. (PRESIDING) LAWRENCE L. MENSAH, J.A. ERIC K. BAFFOUR, J.A
Counsel:Ebenezer Ahiator for Plaintiff; Addo Atuah for Defendant.
Location:Accra

JUDGMENT

BAFFOUR J.A:

The status of Akim Akokoaso stool lands regarding claims of a time immemorial custom and tradition to share proceeds from those lands between the Akokoaso stool family of Ekuona Edwenase family and the Ekuona Nyeduasa family is at the heart of this appeal. The parties would be referred to in this appeal by their original designation at the court below. Plaintiff claiming to be the head of the Ekuona Nyeduasa family of Akokoaso commenced an action at the High Court, Akim Oda in August, 2007 claiming, against the Defendant, the occupant of the Akokoaso stool, but who in the course of the trial met his demise and had to be substituted with Nana Agyeiwaa Kordee II, the Queen Mother and lawful representative of the stool,  the following reliefs:

(a) An order compelling the Defendant to comply with the custom and tradition as contained in the provisions in the memorandum of agreement dated the 15th day of December 1901 between Chief Kofi Kontoh, who was the predecessor of…

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