CHIEF AVINLI KWEKU, AS HEAD OF THE NTWIA Family OF AXIM v. S. R. WOOD AND MALAM MORO
1931
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- Howes, J
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Administrative Law
- Conflict of Laws
1931
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
Howes, J. addressed a dispute in which the head of the Ntwia Family sought £140 from two defendants over land at Lower Town, Axim, corresponding to £100 paid by the Government for an acquisition from the defendants and £40 allegedly paid by Hooper for a sale of the remainder. The history included a 1902 negotiation and English-law conveyance to Z. T. Green for land attached to a stool, with the price never paid; Green later left and died. The defendants denied the plaintiff’s title, claimed agency for Chief Abudu and remittance of funds to him or his representatives, and asserted that the plaintiff admitted Abudu’s ownership and joined compensation negotiations. On a preliminary objection, the court held the real issue was land ownership. Citing section 43(2) of the Native Administration Ordinance and Full Court precedents (Azzu v. Akardiri; Azzu v. Cooper; Adjuah v. Wilson) confirming that English-law documents do not oust Native Tribunal jurisdiction or change native tenure, the court stopped the case and referred the parties to the competent Native Tribunal under section 58, awarding costs against the plaintiff.
The following judgment was delivered:-
Howes, J.
In this case "the plaintiff as head of the Ntwia Family claims from the defendants jointly and severally the sum of £140, being money received by the defendants for the use of the plaintiff over a piece or parcel of land situated at Lower Town, Axim." (Here follows a description of the boundaries.)
On the 25th August, 1931, Gardiner Smith, J., on the application of the plaintiff, ordered pleadings to be filed. From the statement of claim it appears that in 1902, a West Indian, Z. T. Green, negotiated for the purchase of the land in dispute from an ancestor of the plaintiff, the land being attached to the stool of the ancestor. A deed of conveyance to Green was duly executed in accordance with English law, but the purchase-price was never paid by Green.
Green left Axim, and subsequently died.
In 1929, the Government acquired from the defendants, who represented themselves to be the caretakers of one Abudu, deceased, a portion of the land purported to have been conveyed to Green, and the defendants were paid £100 by the Government. Further, it is said that the defendants have sold the remaining portion of land to one Hooper, who paid them £40.
For these reasons, the plaintiffs sue the defendants for £140 as money had and received by the defendants to the use of the plaintiff.
In the statement of defence, the defendants deny the plaintiff's title to the land, and allege that Chief Abudu in April 1922, bought a certain plot of land, the boundaries and measurements of which are set out, but which do not appear to agree with the description furnished by the plaintiff.
The defendants allege that they only acted as agents or attorneys for Chief Abudu, and that whatsoever moneys they received were handed by them to him or to his legal representatives. They further allege that the plaintiff admitted Abudu's ownership of the land and joined the defendants in negotiating and receiving compensation from the Government.
The defendants deny that the ownership and possession of the land are vested in the plaintiff.
Mr. Abbensetts, for the defendants, has raised a preliminary objection that as title to land is involved, this case is not cognizable by this Court.
Mr. Blay for the plaintiff refers to the Native Administration Ordinance, section 43, and the proviso thereto, in particular the last sentence "or where otherwise some other such law as aforesaid is or are properly applicable thereto." He contends that as