AKWEI AND OTHERS v. AWULETEY AND OTHERS
1960
SUPREME COURT
GHANA
CORAM
- ORSAH C.J.
- SARKODEE-ADOO
- AKIWUMI JJ.S.C
Areas of Law
- Property and Real Estate Law
1960
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case revolves around the customary land tenure system in the Osu division of the Ga state. The plaintiff relied on a deed allegedly executed by an acting Mantse post-1951. The court found this deed invalid as it was not made by the substantive Mantse. It emphasized the importance of consulting the quarter heads before any land grants or sales. The appeal was allowed, stating the disputed land to be Osu stool rural land.
JUDGMENT OF OLLENNU J.
The following is an extract from the judgment of Ollennu, J.
Upon the evidence in this case I have come to the following general conclusions of fact as to custom: — (a) All lands in the Osu Division of the Ga State are Osu stool lands. (b) The Osu stool lands have two categories namely: outskirt, town or sub-urban lands, and village or rural lands. (c) There are four quarters in Osu, namely — Kinkawe, Ashanti Blohum, Alata and Anarhor. (d) Both types of the Osu stool lands are under the direct control of the heads and elders of the four quarters, each quarter is in charge of all lands north of it. (e) Subjects of the Osu stool can acquire portions of the sub-urban or outskirt lands, but only by actual grant. The sole authority to make such grants is the head of each quarter acting with the consent and concurrence of his elders. (f) Subjects of the Stool may with express or implied permission of the head of the quarter occupy any portion of the stool's rural or village lands. (g) The heads of the quarters control the rural or village lands through the heads of the villages on the land, such heads being appointed by the head and elders of the quarter in charge of the particular land, and express grants of portions of the rural or village lands are made by the heads of the quarter acting with the concurrence of the village headman. (h) It is not in accordance with custom that the Osu stool itself should make grants of either outskirt or village lands to a subject. (j) No valid sale or absolute alienation of any shape or form can be made of either outskirt or village land without the knowledge and concurrence of the Osu stool through the quarter head. (j) The Osu stool is by custom entitled to a share of any customary drink or tribute which a subject gives to the head and elders of the quarter for grant made to him of any portion of the stool land, outskirt or village land. I have no evidence of the exact share of the customary drink or tribute which the head of the quarter should give to the stool, but it appears to me that it will not be the major share. (k) In the case of alienation by sale or otherwise, the proceeds are to be presented to the Osu stool which comprises the Mantse, and his sub-chiefs, namely the heads of all the four quarters; the quarter in whose area the land alienated is situate is given a special portion of the proceeds, and the balance is shared in the following manner: — three parts to the Mantse, two parts to