A Kumasi High Court, Land Division presided over by Justice E. Senyo Amedahe has ruled that the Huahi Achama Tutuwaa Royal Family is lawful owner of the 1298.33 acres of lands located at Benimasi-Boadi in the Ashanti Region.
Delivering his judgment on September 18, 2020, the Judge noted that the lands as presented and shown in a plan made by a licensed Surveyor, Anthony Ackah on 22nd September 2019 in favor to the Plaintiff (HuahiAchamaTutuwaa Royal Family) belong to them.
According to the Statement of Claim, the lands were given by the Asantehene to OheneyereAchamaTutuwaa in her personal capacity as a gift of affection through their marriage account.
It is said the lands were not gifted to a Stool but to a private person as the wife of Asantehene as an expression of Nana’s love for her.
It further stated that the granting of the land by the Asantehene to his wife could not by that act alone transform the wife into a Stool so as to make the lands stool lands.
It therefore said that the lands are lawfully owned by the heirs and descendants of the Oheneyere as a family and the lands are not own by a stool.
It said that, the actions of first Defendant (KNUST) on any portion of land constitute trespass, nuisance and his attempts at unjust enrichment at the expense of the plaintiff. According to the Plaintiff the first defendant does not have any right to alienate, to use or to deal with any portion of the lands or to make any transaction or transfer of any interest in the lands in any person without the consent of the plaintiff.
It further stated that, every document or transaction made by the first defendant or any person claiming through him in respect of the land is unlawful, unjust and it will be just to declare for the same to be null and void and of no legal or equitable consequence.
Meanwhile, the Plaintiff Family also indicated that the state has never had any lawful interest or rights in the lands of the plaintiff for which it could have granted to the applicant-institution (KNUST) and that it has no lands at Boadi and it would be just to dismiss the application.
The court on the 29th January 2021 presided by Justice E. SenyoAmedahe dismissed the application filed by the KNUST.
However, the latest update is an attempt to amend the Court Ruling granted on 18th September 2020 in which an application was filed by DrOppong stating that he had discussions with the Golden-Stool and family and was authorized by the Golden-Stool to respectfully seek an order from the honorable court to correct the judgment to include amongst others that the Ashanti Golden Stool as the lawful owner of 1298/33 acres of land situated and lying at BenimasiBoadi locality or as described in a plan dated the 22nd September, 2019 made in favor of the plaintiff by Surv. Anthony Ackah.
It also seeks that the alienation of any portion of the lands adjudged for the family shall require the consent of the Ashanti Golden stool.
By Court: on 31st May 2021 Presided by Justice E. SenyoAmedah, he dismissed the application for order in amending the judgment citing that the court will not be able to grant relieving outside those endorsed on the writ and may change the nature of the case filed by the plaintiff.
The court having adjudged the plaintiff as owner of the disputed land as requested by the plaintiff cannot again declare the Ashanti golden stool also as the owner of the same land.
