The protracted legal battle between the Mafolɛ family of Atuabo and Awulae Amihere Kpanyinli II has emerged as a landmark case in Nzema traditional jurisprudence, decisively clarifying the boundaries between allodial ownership, custodianship, and caretaker authority. At the heart of the final judgment was the influential role of Tumivolɛ Kaku Aka III, the Overlord of Nzema, and the enduring authority of the Royal Nvavile clan, whose historical mandate shaped both the legal strategy and the court’s ultimate decision.
The Ghana Gas Injunction: A Defining Intervention (2014)
In 2014, Awulae Amihere Kpanyinli II asserted ownership over land earmarked for the Atoabo Gas Project, now the Ghana Gas National Company (GGNC), and successfully obtained an injunction at the Sekondi High Court, temporarily halting operations.
That injunction was short-lived. Tumivolɛ Kaku Aka III intervened in his capacity as the allodial owner of all Nzema lands, asserting a superior and historically grounded claim. His intervention led to the removal of the injunction, allowing the nationally significant project to proceed and setting an early precedent that the land could not be claimed by a caretaker stool occupant acting alone.
The Lonrho Ports Lease Attempt: Law Meets Tradition
Later in 2014, Awulae Amihere Kpanyinli II, reportedly alongside some government officials, sought to lease portions of land at Atuabo (Adoanebo)/Anokyi to Lonrho Ports Ltd for a proposed Free Port development, again without the consent of the lawful traditional authorities.
This move was promptly challenged. Tumivolɛ Kaku Aka III and the Mafolɛ family of Atuabo initiated court action to stop the transaction. Two separate writs were filed at the Sekondi High Court. Acting on the advice and direction of Justice Bright, Tumivolɛ Kaku Aka III withdrew his personal writ to assume a more consequential role as a principal witness, lending authoritative support to the Mafolɛ/Asamangama family’s case.
This strategic shift placed Nzema allodial history squarely before the court.
Recourse to the Human Rights Court
The dispute subsequently advanced to the Human Rights Court in Accra, where the Mafolɛ and Asamangama families sought to restrain the payment of royalties to Awulae Amihere Kpanyinli II, whom they contended lacked the legal and customary basis to receive such proceeds.
It was during these proceedings that the court demanded greater precision on the nature of land rights involved.
Judicial Demand for Historical Clarity
In a critical directive, the presiding judge instructed Nana Baze Kpole, Tufohene of Adoanebo, together with the Mafolɛ family, to amend their writ. The court required explicit clarification of:
Their recognized role as traditional custodians of the land, and
The identity of the true allodial owners from whom that custodianship was derived.
This instruction transformed the case from a contest of claims into a reaffirmation of Nzema land history.
Engagement with the Royal Nvavile: History Speaks
To meet the court’s directive, a delegation of the Mafolɛ family, led by Nana Baze Kpole and prominently joined by the late Rt. Rev. Moses Archer, whose appeal proved pivotal, engaged Tumivolɛ Kaku Aka III and the Royal Nvavile family.
The engagement resulted in full alignment on historical facts:
The land in dispute was originally agricultural land.
It was handed over by Awulae Anor Bolormane II to the Mafolɛ family as custodians.
The Mafolɛ family holds the land in perpetual trust for the Royal Nvavile clan, the acknowledged allodial owners of Nzemaland.
Any contrary public claims were therefore inconsistent with established custom and history.
These understandings were formally captured in amended writs, witness statements, and a land declaration submitted to the court.
Basis of the Final Judgment
These uncontested historical records formed the foundation of the court’s final ruling in Mafolɛ Family vrs Awulae Amihere Kpanyinli II. The judgment drew a firm distinction between allodial ownership, custodianship, and caretaker authority, dismissing attempts to conflate or override customary hierarchy.
In doing so, the court reaffirmed the allodial authority of Tumivolɛ Kaku Aka III and the Royal Nvavile clan over Nzema lands, while upholding the Mafolɛ family’s legitimate custodial role over the Adoanebo community lands.
Conclusion: Authority Defined, Tradition Upheld
The ruling leaves no ambiguity. The Royal Mafolɛ family of Atuabo remains the undisputed traditional custodian of Adoanebo lands, holding them in trust for the wider community under the supreme allodial authority of the Royal Nvavile.
More than a legal victory, the case stands as a compelling testament that in Nzema land matters, custom is law, history is evidence, and authority flows from tradition, not convenience or proclamation.
