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Tuesday, September 7, 2010

The Stool That Sells Land Never Dies

Most people who buy land in Kumasi have often had to swallow bitter pills because some chiefs interpreted the unwritten customary laws of the land in their favour. Pills of multiple land sales, pills of having to pay twice or thrice the price of land just because the chief who originally sold the land to them is died.

But on the 28th of April, 2010, the customary law was straightened. Daasebre Osei Bonsu, Omanhene of Mampong Traditional Area, at the Prempeh Assembly Hall which was built in December, ’38 made it clear.

It all started with a young man called Kwaku Nti mastering courage to share his sad story to a teeming crowd of eminent chiefs, government officials including the Lands Commission and the general public.

“I have bought a piece of land from a certain chief.” Kwaku Nti started. “When I bought the land, he gave me an allocation note and a site plan. I have been to the District Assembly for building permit. Sometime ago I decided to go and do the lease. It did not last long when the chief died. So a new chief was installed. When I went to the chief’s palace to do the lease, the new chief told me that I must come and see him before he will do the lease for me. Honestly, I had to go and pay another money to the new chief. But what I want to ask is that is it in the law that if a chief sells a piece of land to you and when a new chief come the new chief can take money from you as if you are buying the land again?”

In response, Daasebre Osei Bonsu said, and I will quote.

“There is another point raised by a young man who came. It is about Nananom. I have discussed it with the officers. ‘Sebe sebe sebe’, before I was enstooled on the Mampong stool, after my enstoolment am thirteen years now. In August I will be fourteen years. Anything that the chief before me did under proper customary rules that Nananom who sits on stool backed him to do using the name of my stool; it is the law that as soon as I swear the oath as a chief, it bounds me.

As the Whiteman would say, it is my obligation. It’s binding on me. I don’t have the power that as soon as I am enthroned I can say that I have canceled all the things he did. So go back to the chief again and talk to him cordially.

It could be that the new chief that is installed needs a lot of things so he may want something fresh from you. So go and discuss it with him but he has no power to say he has canceled all that his predecessor did in the name of the stool. Take my stool for example, everything that the former Mamponhene did before I came, for the past thirteen years it is still binding on me. The chief sworn to Asanteman just as I did, that is the law. So be courageous. Go to him. But when you are going, don’t go with a fight. If he is demanding say, a bottle of Schnapps, make it two. He will keep quiet and take.”

So that is the law. It is the stool that sells land, it is not the chief who occupies it, though the stool does so through the chief. And as we know from the basic beliefs of our custom, the stool never dies so whatever the stool does it is always binding no matter who occupies it.

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