Home News Denkyira Hemaa Wins Palace Injunction Case -GH¢25,000 Cost Awarded Against Plaintiff

Denkyira Hemaa Wins Palace Injunction Case -GH¢25,000 Cost Awarded Against Plaintiff

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The Queen mother of the Denkyira State, Nana Ama Ayensuwa Saara III, has won a seven-month legal battle that sought to challenge the ownership of the ancient Denkyira place, where Odeefo Boa Amponsem III lived and ruled as the King of the Denkyira State. 

The Cape Coast High Court 3, presided over by Justice William Boampong, yesterday ruled in favour of the defendant and awarded cost of Gh¢25, 000 against the plaintiff, led by Abusuapanyin Nuamah. 

Background:

It would be recalled that, the Denkyira Traditional Council and the Denkyira Hemaa, Nana Ayensuwa Saara III planned to build a befitting palace before the final burial of the late King, who has been in the morgue for over three years now. 

In view of this decision, the dilapidated building that once served as the palace of the late King and others before him, was pulled down to have a more modern one built in its place. 

Nevertheless, this was fiercely resisted by a faction within the Agona royal family led by Ebusuapanin Nuama, who sued the Denkyira Hemaa at the Cape Coast High Court 3. 

Ebusuapanin Nuamah, who was peeved by the collapse of the 19th century building, instituted the legal action claiming that, the said building was the private property of the late Nana Nkwantabisa I, who ruled the Denkyira State in the ancient days. 

He averred in his pleadings that, the late King, Nana Nkwantabisa I lived in the said building with his wife and children during his reign as his private residence.

This was disputed by the Denkyira Queen mother, who also stated in her pleadings that, the said building was built purposely to serve as the palace of the Denkyira State. 

In her statement of defence, Nana Ayensuwa stated categorically that, “the house in dispute has variously been used and occupied by all the successive Kings of Denkyira State.” 

 She consistently maintained during the hearing of the case that, the property in disagreement was the official palace of the Kings of Denkyira State and served same purpose during the reigns of all the five Denkyira Kings who ruled before Odeεfoↄ Boa Amponsam III.  

Inadvertently, the ensued litigation of the building adversely affected the plans of the Denkyira Traditional Council to give their late King, Odeεfoↄ Boa Amponsam III, a befitting burial.  

The mortal remains of the Late King of the Denkyira State, has as a consequence, remained at the mortuary since he died about three years ago. 

According to reliable family sources, the current impasse in the Royal Agona family, which has sharply divided the royal family, is the cause. 

As a result of the division, the two feuding factions within the Denkyira royal family legally battled over the purported Late Nana Nkwantabisa’s building, which was built in the 19th century. 

 The contention was whether the said building was built by the Late King, Nkwantabisa as his private place of abode or for the purposes of serving as the place of the Kings of Denkyira. 

While Ebusuapanin Nuamah argued that, the building was a private property of the Late King, the queen mother of Denkyira State, Nana Ayensuwa Saara maintained that, the said building was built as the palace of the Kings of Denkyira.  

The trial:  

During the trial that lasted for almost seven months, both plaintiff, defendant and their respective witnesses gave their traditional oral evidence in support of their respective cases. 

This was so, because none of the parties nor their witnesses were alive at the time the building was put up.

By law, the proper guide to determine such a case when the parties are relying on conflicting oral traditional stories, was to find out, which of the stories as presented by either party was consistence with living memory.   

Final determination by the court:

Evidence gathered on record contradicted the case of the plaintiff that, only Odeefoↄ Boamponsam III briefly lived in the disputed palace. 

Also, the plaintiff’s witnesses supported the case of the defendant’s successive Denkyira Kings, who lived and ruled before Odeefoↄ Boamponsam III, who all used the same building as a palace. 

 According to the court, the plaintiff’s own exhibit G, which was a letter he wrote to the Denkyira Traditional Council, contradicted his denial that, the building has been used by successive Kings. 

Additionally, the court indicated that, the fact that, Srowi Komfo, a fetish priest of the Denkyira State, was put in occupation of the building by the Denkyira State, clearly showed that, the property had been put up for communal use. 

This, according to the court, was consistent with communal ownership than being a private property of Nana Nkwantabisa.

Reliefs sought by the plaintiff were dismissed in entirety while cost of Gh¢25,000 was awarded against the plaintiff.  

 Celebration at Jukwa:

Following the judgment yesterday, there was massive merry-making and jubilation on the streets of Jukwa, the traditional home of the Denkyiras, by some residents when the victory was communicated via mobile phones. 

Before Nana Ayensuwaa Saara and her elders, who accompanied her to the court could reach the town, hundreds of supporters had besieged her place amidst drumming, singing and dancing. 

Nana thanks all for the victory

Delivering a short speech to those gathered, Nana Ayensuwaa Saara expressed appreciation to God for the victory and thanked her elders and the entire Denkyiraman for their support.

She explained that, her primary focus was to ensure her late Uncle, Odeefoↄ Boa Amponsam, who ruled and served Denkyiraman, could be given a befitting burial. 

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