The Accra Fast Track High Court has declared that the Prampram Paramount Stool in the Dangme West District of the Greater Accra Region does not own land as of right.
The court held that lands in Prampram were owned by families, clans and quarters.
The declaration followed the dismissal of a suit in which Nene Tetteh Djan III, Paramount Chief of Prampram and President of the Prampram Traditional Council, sued the Central University College and two others, seeking reliefs and damages for trespassing on certain lands in the area.
Among the reliefs he sought were a declaration of title to a 100.561 hectare land acquired by the Central University College at Miotso, which is under the jurisdiction of the Prampram paramountcy, recovery of possession and damages for trespass.
The other reliefs were for the court to order the Lands Commission to plot and register the said land in the name of the Prampram Paramount Stool.
The co-defendants were Numo Awuley Kwao, Head of the Awuley Kwao Family of Prampram and Nene Kwaku Darpoh I, Chief of Dawhenya and Head of the Arden and Darpoh families of Dawhenya.
In its judgement, the court, presided over by Mr E.K. Ayebi, an Appeal Court judge sitting with additional responsibility as a High Court judge, further held that the Prampram paramount stool only exercised jurisdictional control over lands in the area.
The court also established that the land on which the Central University College was situated was jointly owned by the Numo Awuley Kwao, Arden and Darpoh families.
A total of GH¢13,000 costs were awarded against the plaintiff.
In his statement of claim, Nene Tetteh Djan averred that all lands in the geographical boundary and political jurisdiction of the Prampram Traditional Area belonged to the Prampram Stool as the owner of the absolute, final or allodial interest by virtue of conquest and first settlement, except those ceded or granted to quarters, clans and families by the paramountcy.
The statement said the paramountcy had exercised acts of possession and ownership of those lands which were acquired through conquest and first settlement by the stool and its subjects from time immemorial, without let or hindrance from any quarter whatsoever.
It said as a further proof of its ownership, the stool had made grants of portions of land within the traditional area and in particular parts of Miotso lands to third parties for well over 30 years without objection from anyone.
According to the statement, recently the plaintiff observed that the defendants had trespassed upon a portion of the stool's lands and, therefore, caused his lawyers to warn the defendants, which they ignored.
It contended that the defendants' refusal to heed to plaintiff's warnings was a clear signal that they intended to continue with the unlawful occupation and possession of the land.
Messrs George Heward Mills, Chris King, Ofori Adueni and Nana Adjei Ampofo, all Accra-based legal practitioners, represented the defendants, while Mr Desmond Quaynor, also of Accra, stood for the plaintiff.
Story by Debrah Fynn
Source: Daily Graphic
Date: 15.12.2008
Copied From: Modern Ghana Site
The court held that lands in Prampram were owned by families, clans and quarters.
The declaration followed the dismissal of a suit in which Nene Tetteh Djan III, Paramount Chief of Prampram and President of the Prampram Traditional Council, sued the Central University College and two others, seeking reliefs and damages for trespassing on certain lands in the area.
Among the reliefs he sought were a declaration of title to a 100.561 hectare land acquired by the Central University College at Miotso, which is under the jurisdiction of the Prampram paramountcy, recovery of possession and damages for trespass.
The other reliefs were for the court to order the Lands Commission to plot and register the said land in the name of the Prampram Paramount Stool.
The co-defendants were Numo Awuley Kwao, Head of the Awuley Kwao Family of Prampram and Nene Kwaku Darpoh I, Chief of Dawhenya and Head of the Arden and Darpoh families of Dawhenya.
In its judgement, the court, presided over by Mr E.K. Ayebi, an Appeal Court judge sitting with additional responsibility as a High Court judge, further held that the Prampram paramount stool only exercised jurisdictional control over lands in the area.
The court also established that the land on which the Central University College was situated was jointly owned by the Numo Awuley Kwao, Arden and Darpoh families.
A total of GH¢13,000 costs were awarded against the plaintiff.
In his statement of claim, Nene Tetteh Djan averred that all lands in the geographical boundary and political jurisdiction of the Prampram Traditional Area belonged to the Prampram Stool as the owner of the absolute, final or allodial interest by virtue of conquest and first settlement, except those ceded or granted to quarters, clans and families by the paramountcy.
The statement said the paramountcy had exercised acts of possession and ownership of those lands which were acquired through conquest and first settlement by the stool and its subjects from time immemorial, without let or hindrance from any quarter whatsoever.
It said as a further proof of its ownership, the stool had made grants of portions of land within the traditional area and in particular parts of Miotso lands to third parties for well over 30 years without objection from anyone.
According to the statement, recently the plaintiff observed that the defendants had trespassed upon a portion of the stool's lands and, therefore, caused his lawyers to warn the defendants, which they ignored.
It contended that the defendants' refusal to heed to plaintiff's warnings was a clear signal that they intended to continue with the unlawful occupation and possession of the land.
Messrs George Heward Mills, Chris King, Ofori Adueni and Nana Adjei Ampofo, all Accra-based legal practitioners, represented the defendants, while Mr Desmond Quaynor, also of Accra, stood for the plaintiff.
Story by Debrah Fynn
Source: Daily Graphic
Date: 15.12.2008
Copied From: Modern Ghana Site
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