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AKUA ANIMAH v. KWABENA BERKUI

1950

HIGH COURT

GHANA

CORAM

  • JACKSON, J

Areas of Law

  • Alternative Dispute Resolution
  • Civil Procedure
  • Property and Real Estate Law
  • Traditional and Customary Law

AI Generated Summary

The case involves a dispute over farming rights on stool land, with the Offinso Native Court ruling in favor of the plaintiff who claimed the defendant impeded her cultivation by farming in a certain direction. The Asantehene's Court overturned this decision. On further appeal, the court found that extra-judicial decisions by elders, acting as arbitrators, are not enforceable as judicial acts and restored the judgment of the Offinso Native Court. The judgment reaffirmed that farming rights should respect traditional practices and that arbitrator awards must conform to judicial standards to be enforceable.

JUDGMENT