ASUON v. FAYA

JUDGMENT OF SOWAH J.

This action is one of many actions now pending before this court, sparked off by the enactment of the Administration of Lands Act, 19621 and the Rents (Stabilization) Act, 19622 as amended by the Rents (Stabilization) (Amendment) Act, 1963.3

The plaintiff claims that the defendant is a person entrusted with the management of an old cocoa farm situate and lying at a place called Kwaim. The defendant denies that he is a manager of any farm belonging to the plaintiff and claims that the land occupied by him was a grant to his immediate predecessor on a customary tenancy basis known as abusa tenancy and further that his landlord is the occupant of the stool of Nkuntanasi, who is also the head of the Anona clan sometimes referred to as the Anona family. He further claims the subject-matter of the dispute as stool property within the meaning of the Administration of Lands Act, 1962.

I will say at once that there is no evidence before me that either the defendant or his predecessor was made manager of the farm in dispute as pleaded in his statement of claim. The evidence of both the plaintiff and Kojo Nsiah shows that the land was given to Kobina Obo to make a cocoa farm thereon though they also state that there were cocoa trees on the land before it was given to Obo. The defendant, of course, maintains that the cocoa on the land was made by his predecessor Kobina Obo. I shall later deal with this aspect of the matter. I am however satisfied that the defendant or his predecessor was not at any time entrusted with the management of the cocoa farm in dispute.

To my mind the central issue in this action is whether or not the land the subject-matter of this suit is clan or stool land within the meaning of the Administration of Stool Lands Act. By section 31 of the Act, stool land is defined as follows:

"Stool land" includes land controlled by any person for the benefit of the subjects or members of a Stool, clan, company or community, as the case may be and all land in the Upper and Northern Regions other than land vested in the President and accordingly 'Stool' means the person exercising such control."

Counsel for the defendant has submitted that the Akan word "ebusua" meaning family is also the word for clan. In view of this, counsel submits that there is a certain amount of laxity in the translation of the word "ebusua" into English.

[p.79]

It does appear that when the word family is used, it does sometimes mean a family per se and