ELIZABETH MANU v. KWABENA KUMAH
July 28, 1947
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- Spooner, Acting Assistant Chief Commissioner
Areas of Law
- Alternative dispute resolution
- Civil Procedure
- Property and Real Estate Law
- Probate and Succession
July 28, 1947
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
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Judgment :
In this case the Plaintiff-Respondent-Respondent claims from the Defendant-Appellant-Appellant one cocoa farm at Kukuom, some uncultivated forest and a compound house in Kukuom which she maintains became her sole property after the death of Kofi Du her late husband.
After the death of Kofi Du the usual settling up of the estate was made and Plaintiff-Respondent-Respondent left. Seven years later she returned and then lodged a complaint with the Kukuomhene about her farm boundaries.
She then lodged a complaint with the Asantehene's Chief Registrar who acting with two of the Asantehene's linguists heard the complaint. Dissatisfied with the ruling Plaintiff-Respondent-Respondent four months later instituted proceedings in the Ahafo Native Court making the claim set out in the first paragraph above which is substantially the same claim made in the complaint to the Asantehene. The Ahafo Court gave her judgment and this judgment with slight variation was upheld by the Asantehene's "A" Court.
Kwabena Kumah appeals from the judgment of the Asantehene's "A" Court arguing that the complaint originally heard before the Asantehene's Registrar was an Arbitration and that the Ahafo Court should have recognised the fact that the award was an estoppel to a further hearing.
Plaintiff-Respondent-Respondent argues that the case before the Asantehene's Registrar was merely a complaint and that there was never any agreement by the parties that they would abide by an award.
The Ahafo Native Court held the view that the case before the Asantehene's Registrar was not a proper arbitration and could not act as a bar to a further hearing.
After hearing the evidence of the Chief Registrar of the Asantehene I believe that in the case heard of him and the Asantehene's linguists there were all the elements of a submission to arbitration. The point is not whether the parties agreed to the award but whether before the award was made they agreed to submit to arbitration. If as alleged by PlaintiffRespondent-Respondent that certain of her witnesses were not heard, she could have withdrawn before the award. Instead of this she signified agreement by accepting the £l from the Appellant after the award.
It follows that the award should stand. The award has this effect:the property listed in the claim before the Ahafo Native Court is the property of the family administered by Kwabena Kumah and is not the property of Elizabeth Manu. Kwabena Kumah is to allow Elizabeth Manu to
AI Generated Summary
Elizabeth Manu sought ownership of a cocoa farm at Kukuom, uncultivated forest parcels, and a compound house, claiming they became hers after her husband Kofi Du’s death. After the estate was settled, she left and returned seven years later, raising boundary complaints first with the Kukuomhene and then with the Asantehene’s Chief Registrar, assisted by two linguists. Dissatisfied with that ruling, she filed substantially the same claim in the Ahafo Native Court, obtained judgment, and saw it slightly varied but upheld by the Asantehene’s “A” Court. On appeal, Kwabena Kumah argued that the earlier Registrar proceeding was an arbitration whose award estopped the matter from further hearing. Acting Assistant Chief Commissioner Spooner held that the case contained all elements of a submission to arbitration. The determinative question was submission before the award, and Manu could have withdrawn; instead, she accepted £1 from Kumah, signifying assent. The court upheld the award, declared the properties family-owned, allowed Manu lodging when tending her farms, required Kumah to look after Kofi Du’s children, and allowed the appeal with costs.