Kumasi: The Circuit Court in Kumasi has affirmed the ownership of a disputed parcel of land at Benimasi-Boadi in the Ashanti Region in favour of the Huahi Achama Tutuwaa Royal Family. The court, presided over by Mr. Justice Abdul Razak Musa, a Justice of the High Court sitting as an additional Circuit Judge, ruled in a suit filed by the head of the family, Abusuapanyin Odeneho Odehyee Nanaba Kwabena Badu, acting through his lawful attorney, Nana Kwesi Osei Bonsu.
According to Ghana News Agency, the first defendant in the case was Nana Kwame Adu of Emina-Kumasi, and the second was a Mr. Wobil of Atonsu-Kumasi. The ruling was given on November 27, 2024. The court granted all the reliefs sought by the plaintiff, including a declaration that Oheneyere Yaa Huahi Achama Tutuwaa is the rightful owner of the said lands, which were historically granted to her as a gift by Asantehene Otumfuo Osei Tutu I.
The land, located at Benimasi-Boadi in Kumasi, has for generations remained under the control of the plaintiff's family, which had exercised uninterrupted possession, including the leasing of portions to others. Evidence presented in court showed that the gift of land was made with the consent of the donor's family and witnessed by elders, including Nana Osei Boa and Nana Essen Boadi.
At the heart of the family's case was an extraordinary historical account: the land was a gift from King Osei Tutu I to his beloved consort, 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. This was also supported by historical practice and marked by traditional rites.
The plaintiff demonstrated that the family had registered their interest in the land with the Lands Commission, paying the required statutory fees, and that the land had previously been declared in their favour by the High Court (Land Division) in Kumasi. The dispute arose after the first defendant, who was not recognised by the family in any traditional capacity, purported to act as 'Caretaker Chief of Benimasi-Boadi' and attempted to alienate parts of the land to other parties, including the second defendant. He attempted to sell more than 300 acres of the undeveloped land.
The court found that no such role exists in the family's customs and declared that the first defendant had no authority whatsoever to deal with any portion of the family lands. It held that the plaintiff, Abusuapanyin Odeneho Odehyee Nanaba Kwabena Badu, is the legitimate head of the Huahi Achama Tutuwaa Royal Family and has the capacity to deal with the family lands, with the concurrence of the principal members. These principal members were named in the ruling as: Obaapanin Abena Ataa Birago alias Sarah Ibrahim Bonsu, Samuel Opoku, Nana Kwesi Osei Bonsu, Erica Konadu Adutwumwaa, Obaapanin Adwoa Yeboah alias Sakina Donkor, Obaapanin Akua Asamoah, Obaapanin Akosua Achiaa alias Mary Donkor, Ama Amankwa, Obaapanin Nana Yaa Pokuaa, Benjamin Ababio and Afia Amoah.
The court consequently made the following orders: a declaration that Oheneyere Yaa Huahi Achama Tutuwaa is the owner of all that parcel of land at Benimasi-Boadi, Kumasi; a declaration confirming the plaintiff as head of family of the Huahi Achama Tutuwaa Royal Family with authority to manage the family lands; a declaration that the first defendant has no capacity to alienate or deal with any part of the said lands; a declaration that any sale or purported sale of the lands by the first defendant or persons claiming through him is null and void; a perpetual injunction restraining the first defendant, his agents, assigns or anyone acting through him from interfering with the family's interest in the land; an order for recovery of possession; and an award of general cost of GHS5,000.00 against the defendants.
