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OPANIN YAW FRIMPONG V. KOFI MENSAH AND 2 OTHERS

(2018) JELR 68915 (CA)

Court of Appeal  •  SUIT NO. H1/30/2017  •  23 Jul 2018  •  Ghana

Coram
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Judgement

WELBOURNE, JA

Brief Facts:

The facts of the instant case as narrated by the Counsel for the Plaintiff is as follows:

The Plaintiff, Opanin Yaw Frimpong is suing in his capacity as the current Abusuapanin of the Aburaso Stool and is recognized by Otumfour Osei-Tutu, the Asantehene as such. According to the Plaintiff, Aburaso was founded by his ancestors; Yaw Kwakurakwa of blessed memory. Yaw Kwakurakwa created a stool for his son; Nyanteng Kwabena (also of blessed memory) and placed the two (2) stools (of father and son) together in one room. There were certain periods in their history where the son’s stool litigated and signed documents for and on behalf of the Aburaso Stool.

In the course of time, litigation on land arose between the Aburaso Stool and the son’s stool which travelled as far as the Gold Coast Supreme Court which ruled in the favour of the Plaintiff’s predecessor, Kojo Asumadu against the predecessor of the Defendants’ by name Kojo Aboagye II. The Plaintiff’s family belongs…

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