BEKOE v. SEREBOUR AND ANOTHER

JUDGMENT OF MENSA BOISON J.

By his writ of summons the plaintiff claims against the defendants jointly and severally:

"(a) A declaration that by the custom of Seikwa, the Seikwa stool is entitled to one-half of all the proceeds accruing from palm trees in the area commonly known and called Ako-Atta on Seikwa stool land.

(b) A declaration that the piece of land bounded by the properties of [XYZ] and now occupied by the defendants forms part of the area commonly known and called Ako-Atta referred to in paragraph (a).

(c) An order that the defendants do account to the plaintiff as the occupant of the Seikwa stool for all proceeds of palm trees felled or sold by the defendants from September 1974 up to the date of judgment and to pay one-half of the said proceeds to the plaintiff."

The statement of claim was as follows:

"(1) The plaintiff is the chief of Seikwa and he brings this action for and on behalf of the Seikwa stool.

(2) The piece of land, the subject-matter of this suit, is situate at a place called Ako-Atta on Seikwa stool land.

(3) About 50 years ago there was a dispute between the Seikwa stool and Suma stool over the land at Ako-Atta.

(4) The dispute ended in favour of the Seikwa stool and thereafter the land at Ako-Atta was attached to the Seikwa stool.

(5) There were palm trees on the land at the time of the dispute.

(6) After the said dispute some citizens of Seikwa were permitted to farm on portions of the land at Ako-Atta.

(7) The palm trees thereon however remained the property of the Seikwa stool.

(8) The plaintiff says that about 40 years ago one Nana Kofi Tano of Buni was granted permission by the Seikwa stool to occupy and farm on a portion of the land at Ako-Atta.

(9) The said piece of land was bounded by the properties of Kwadwo Donkor, Sulage, Kwasi Mensah, the Seikwa stool land and the Ako-Atta stream.

(10) Nana Kofi Tano later cultivated cocoa on the land.

(11) The plaintiff says that it is the customary practice that anybody who felled palm trees on the Ako-Atta land has to account to the Odikro of Tanokrom, the caretaker for the Seikwa stool, and the stool is entitled to 50 per cent of the proceeds thereof.

[p.120]

(12) The late Nana Kofi Tano did comply with this practice until he died about 30 years ago.

(13) Since the death of Nana Kofi Tano the first defendant has been in possession of the land and for many years the first defendant did render accounts of the proceeds of the palm trees to the Seikwa stool