A Circuit Court in Kumasi has affirmed the Huahi Achama Tutuwaa Royal Family’s allodial title to a substantial parcel of land in Benimasi-Boadi.
The court, presided over by Justice Abdul Razak Musah awarded a cost of GHS 5,000.00 against the defendants, Nana Kwame Adu and a Mr Wobil.
The court also made an order for recovery of the land in dispute.
Mr Musah, the judge accordingly granted all the reliefs sought by the plaintiff Abusuapanin Odeneho Odehyee Nanaba Kwabena Badu, the head of the Huahi Achama Tutuwaa Royal Family, per his lawful attorney, Nana Kwesi Osei Bonsu.
Among the reliefs granted by the court include a declaration that Oheneyere Yaa Huahi Achama Tutuwaa is the owner of all that piece or parcel of land situate and lying at Benimasi-Boadi Kumasi, Ashanti Region.
The land in dispute was said to be a gift granted by Asantehene Osei Tutu I to his wife Oheneyere Yaa Huahi Achama Tutuwaa.
This customary law gift, a testament to their marriage and the birth of their daughter, Nanaba Konadu Afia-Ofi, solidified the family’s matrilineal royal bloodline.
The court meticulously examined and accepted evidence that this transfer wasn’t merely a verbal promise. Elders, including Nana Osei Boa and Nana Essen Boadi, consented to the gift, which was formally sealed with a presentation of palm wine. For generations, the family’s continuous and undisturbed ownership was a key factor in the court’s decision, with proof of their stewardship including leasing portions of the land to others.
A declaration that the plaintiff was the head of family of Huahi Achama Tutuwaa Royal Family of Benimasi-Boadi and had the capacity to deal with or alienate or deal with Oheneyere Yaa Huahi Achama Tutuwaa Royal Family Lands with the consent and concurrence of the principal members being: Obaapanin Abena Ataa Birago a.k.a Sarah Ibrahim Bonsu, Samuel Opoku, Nana Kwesi Osei Bonsu, Erica Konadu Adutwumwaa, Obaapanin Adwoa Yeboah a.k.a Sakina Donkor, Obaapanin Akua Asamoah, Obaapanin Akosua Achiaa a.k.a Mary Donkor, Ama Amankwa, Obaapanin Nana Yaa Pokuaa, Benjamin Ababio and Afia Amoah.
A declaration that the first defendant had no capacity whatsoever to alienate or deal with any portion of the Oheneyere Huahi Achama Tutuwaa Royal Family Lands.
A declaration that any sale or purported sale of any portion or portions of Oheneyere Huahi Achama Tutuwaa Royal Family Lands by the first defendant or any person, persons or institutions claiming through him is null and void.
The court also granted perpetual injunction restraining the first defendant, his agents, servants, privies assigns or any person or persons who might claim title through him or for him from interfering with the interest of Huahi Family Lands.
BY TIMES REPORTER
