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ANTWI PANIN, MANSO-NKWANTAHENE v. KWASI AMOAKO

July 30, 1951

HIGH COURT

GHANA

CORAM

  • WINDSOR-AUBREY, J

Areas of Law

  • Property and Real Estate Law
  • Family Law
  • Civil Procedure

AI Generated Summary

On appeal from a trial court judgment, Tekpor’s descendants sought judicial partition and demarcation of what they claimed were two distinct family properties on opposite banks of the River Volta. They complained that the defendants crossed to the east bank and sold palm trees, creating continual friction, and argued that the trial court did not properly consider partition. The appellate court, per Windsor-Aubrey, J, focused the argument on whether partition was appropriate. The respondents contended partition is a matter for family consent and not obtainable by action. The judge found the trial court had rightly rejected the claim that the lands were separate family properties and that the plaintiff had not asked the family head for partition or shown unreasonable refusal. Without expert evidence on native custom, the court declined to decide broader questions about partition under custom and dismissed the appeal, awarding costs of 25 guineas.

JUDGMENT