Huahi Tutuwaa Royal Family wins land dispute case

A Kumasi High Court has ruled in favour of the Huahi Achama Tutuwaa Royal Family in a land dispute case.

The development comes after the Royal Family who are descendants of the late Otumfuo Osei Kofi Tutu I and were birthed by Oheneyere Achamaa Tutuwaa I filed a case declaring themselves as owners of a 1298/33 acre of land.

A statement issued to provide details on the case stated, during the union between Otumfuo Osei Tutu I and Oheneyere Achamaa Tutuwaa I, the Asante King gifted his wife the land which was said to be kept and as a result of their marriage account.

These lands are however located at Benimasi-Boadi ocality in the Ashanti Region of Ghana.

Read the full statement below:

A number of reliefs were presented to the court by the family in order to establish facts about the ownership of the disputed land.

The Kumasi High Court, Land Division, on 18th September 2020, presided over by Justice E. Senyo Amedahe granted a judgment adjudging that the plaintiffs family as the lawful owner of 1298.33 acres of lands as presented and shown in a plan made by a licensed Surveyor, Anthony Ackah on 22nd September 2019 in favor to the plaintiff who are the Huahi Achama Tutuwaa Royal Family headed by the late Abusuapanyin Kwame Konadu Yiadom.

The family furthered on to plot their interest at the Lands Commission on 18 January 2021 bearing Document No. ASH 63/01/2021 with Property No. A. 8673.

According to the statement of claim, “the lands were given by the Asantehene to his wife Oheneyere Achama Tutuwaa 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 owned by a stool.

In furtherance, Kwame Nkrumah University of Science and Technology (KNUST) filed an application on 14th January 2021 to the court for an order joining KNUST as defendants in terms on their supporting affidavit which stated, “That the parcel of land which was adjudged for the family in the suit fall within the larger tract of land granted to the applicant- institution by the Government of Ghana in the lease which was exhibited .”

Meanwhile, an Opposition Affidavit Motion filed by Dr Nana Oppong counsel for the plaintiff’s family citing 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.

“The applicant has no lands at Boadi and it would be just to dismiss the application,” portions of the motion filed read.

He further elaborated that the applicant is a creature of statute, therefore its powers and rights are limited to statute and subject to the laws of Ghana.

There has never been any laws made by the state that had compulsorily acquired the lands of the plaintiff and paid any compensation for the use of such lands as required by the constitution of Ghana and even the common law.

However, the court on the 29th January 2021 presided by Justice E. Senyo Amedahe dismissed the application filed by the KNUST, withdrew as prayed.

The latest update is an attempt to amend the court ruling granted on 18th September 2020. In which an application was filed by Dr. Oppong 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 Benimasi Boadi locality or as described in a plan dated the 22nd September 2019 made in favor of the plaintiff by Surv. Anthony Ackah.

Secondly, the alienation of any portion of the lands adjudged for the family shall require the consent of the Ashanti Golden stool.

Application Dismissal by the Court

The Court on 31st May 2021 presided by Justice E. Senyo Amedahe dismissed the application for an order in amending the judgment citing that the court will not be able to grant reliefs 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.

5It said that the actions of the first defendant 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 to 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.

The current Head of Family is Nanaba Odeneho Odehye Kwabena Badu as confirmed by the principal elders on 30th March 2021 and sworn in court on 9th April 2021.