Oshiuman Chief Sues 2 Dead Bodies...As Court Restrains Their Burial In Oshiuman Cemetery

The legitimate Chief of Oshiuman, NiiOshiuAkwrabuo IV has secured an interlocutory injunction in the High Court on the burial of two dead self-styled chiefs, Nii Abbey Obokwashie II and NiiAbekahDjan, in the Oshuiman cemetery.

The said cemetery had been renamed as Abbeyman cemetery by the alleged illegitimate chiefs who have over the past years, assumed authority over the Oshiuman lands even though they were mere setlers on the Oshiuman land.

A motion for an order of an interlocutory injunction which was moved by the High Court of Justice, Lands Division, was brought against Jacob AheleBuabeng, David MolahAllotey and OkoLamptey by NiiOshiuAkwrabuo IV, restraining them from burying the two corpses and any other corpse on Oshuiman land.

In an affidavit in support of the writ, NiiAdoteiOkropong II the Oshippi of Oshiuman stated that the Plaintiff, NiiOshiuAkwrabuo IV is a corporation sole owner of all the lands at Oshiuman in the Ga West District of the Greater Accra Region whilst the three Defendants are members of the a family comprising only one house situated at Oshiuman.

The affidavit also expresses the fact that, the defendants have caused a poster to be printed and published announcing the burial of the two dead people on October, 11th 2014.

It explained that the Oshuiman cemetery owned by the Oshiuman Stool was renamed as the Abbeyman cemetery by these same people who failed to seek permission from the Oshiuman Stool before the burial.

THE AFFIDAVIT IN SUPPORT
The Oshuiman Stool lands as explained in the affidavit, were originally discovered by a hunter NiiOshiu I, who cultivated the land and finally consolidated his possession of the land by defending it against the Akwamus during the 4th Ga-Akwamu War of 1733.

As result of the valour he displayed he was confirmed by the Ga Authority and the James Town Authority to hold allodia title to all Oshiuman lands, which authority travelled to the current Chief, NiiOshuiAkwrauo IV.

However in April 2010, NiiOshui IV swore a statutory declaration on behalf of the Oshiuman Stool to confirm by documentation the long held allodia title of the Oshiuman Stool to the land which has been registered by the Lands Commission.

Meanwhile, the Plaintiffs' ancestor, Abbey, who found himself in Oshiuman after it had long been founded and established out up a settlement at a location, Abbey We, where he lived with his descendants.

The Oshuiman Stool at the time allowed Abbey and Djan to settle in Oshuiman. Over the years, Abbey We acknowledged the Oshiuman Stool as their landlords and hence during Homowo celebrations, the Abbey We have always prepared their kpeklpoi and eaten same in their single family house.

The affidavit further acknowledges that, per the Ga customary law, the sprinkling of kpekploi over a territory or land signifies the political, administrative and proprietary interest in or over the area by the person who sprinkles it.

The Situation Now
The defendants according to the order, have refused to acknowledge the allodia title of the Oshiuman Stool and have refused to accept tenant to the said stool even though they are occupants of the Oshiuman Stool land.

Because the Defendants have refused to accord these respect to the Oshiuman Stool, they have in themselves, elevated Abbey We into an "Oman" (seperate town) independent of the Oshiuman Stool.

However, the OshiumanOshippi indicated that in furtherance of their ill-feted plan to deny the allodia title of the Oshiuman Stool, members of the Abbey We sought a judicial stamp of approval to their denial of the Oshiuman Stool's authority over their lands in the James Town Court in a case entitled, The Republic vrs 1. NiiOshiu IV 2. AbbanOtoo, but their application was thrown out since there was no place known as Abbeyman in the list of villages in the a West District of the Greater Accra Region.

Why The Injunction
According to Nii Adotei Okropong II the Defendants have no right to bury any person in the Oshiuman cemetery without first seeking the consent of the allodia title holders to said cemetery.

"That the protest of the Oshiuman Stool to the acts of provocations of the defendants and Abbey We have fallen on deaf ears," he indicated.

According to Nii Adotei Okropong II if the defendants are not restrained by the court, they will engage in conducts that can breach the existing peace in Oshiuman.

The order will be moved in Court on Tuesday, 28th October 2014.