One of the key witnesses in the ongoing dispute over the ownership of a building purported to be the ancient palace of the Denkyiras, has failed to turn up in court.
This development has obviously further extended the length of the case beyond the expected period.
The dispute, which is between two factions of the royal Agona family of Denkyira, began as a result of an injunction placed on the re-construction of the purported palace, by a rival faction, the Nkwantabisa lineage.
With this development, the final burial of the late Denkyirahene Odeefoↄ Boa Amponsem, is likely to face further delays as one of the two remaining prosecuting witnesses yet to be cross-examined, is said to have travelled outside the jurisdiction of the court.
The court was also informed at its sitting that, counsel for the plaintiff had filed a motion to substitute one of the two remaining prosecuting witnesses yet to be cross-examined.
Lawyer Gustave Addington, stated that, the move has become necessary in view of the fact that, one of the witnesses has been threatened with death.
It was also the case of the Plaintiff’s counsel that, one of the witnesses had travelled outside the jurisdiction of the court.
The death threat controversy generated hot exchanges between the two lawyers, Daniel Arthur for the defendant and Addington.
Mr Arthur argued that, such a serious case should have been first reported to the police for proper investigations but not to be disclosed in the open court, especially where it was not backed by facts.
The case has been adjourned to the 17th of April for continuation.
The late chief of the Denkyira state passed away about three years ago and is yet to be buried.
A decision by the Denkyira Traditional Council to build a modern edifice where the late king is supposed to be laid in state before his final interment has been foiled by some members of the royal Agona family.
The aggrieved family are claiming ownership over a building that has been pulled down for a new one to be built for the purposes of the final funeral rites of the late King.
Ebusuapanin Nicholas Nuamah averred that the said building which is a bone of contention at the Cape Coast High Court 3, was built and used by the late Nana Nkwantabisa, as a private residence but not a palace.
The defendant in the case Nana Ayensuwa Saara III categorically denied all the claims by the aggrieved party.
In her statement of defence, Nana Ayensuwa, stated: “The house in dispute has variously been used and occupied by all the successive kings of Denkyira State”.
She averred that the building in dispute had served as the palace of all the last five Denkyira kings who reigned before Odeefoↄ Boa Amponsam.
She named Nana Kyei II (1910-1912), Nana Nkwatabisa II (1912-1918), and Nana Kwadwo Tsibu (1919-1930) to have all lived in the said palace.
She added that “Nana Nkwantabisa III (1931-1941), Nana Owusu Bori II (1942-1953) and Odeefoↄ Boa Amponsem III (1955-2016)” all used the house as a palace because it was built for that purpose but not as a private residence.
Nana Saara III, therefore, maintained that the property in dispute is the official palace of the kings of Denkyira State.