1959
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Ollennu, proceeding under section 13 of the Public Lands (Leasehold) Ordinance, determined who should receive compensation for land acquired under a Certificate of Title issued on 1 February 1955 pursuant to section 8 of the Public Lands Ordinance. The competing claimants included the Osu Mantse, the Acting Gbese Mantse (acting for the Ga, Gbese and Korle We Stools), Nii Yeboa Nortey of Ashanti Blohum (who invoked an alleged express grant to his ancestor, Nii Tettey Ashong, over Kotobabi lands), and a 4th claimant who had taken an alienation from the Gbese side. The court treated the boundary between Osu and Accra as res judicata from the Kokomlemle Consolidated Suits. It rejected the alleged express grant for want of proof and for non-compliance with the customary requirement that Osu grants be made through the Mankralo, while recognizing subjects’ inherent and usufructuary rights. Interpreting the acquisition statutes, the court held that compulsory acquisition extinguishes stool service obligations and that compensation is payable to the stool occupant, with subjects’ shares handled through the stool. Because Gbese had alienated its portion to the 4th claimant, the court apportioned compensation: half to Osu, and the remaining half split one quarter to Gbese and three quarters to the 4th claimant.
JUDGMENT OF OLLENNU J.
This matter came before the Court under section 13 of the Public Lands (Leasehold) Ordinance, for the Court to determine which of the claimants is (or are) entitled to compensation for a piece of land acquired by the Government under Certificate of Title granted by the Court on the 1st February, 1955, by virtue of section 8 of the said Ordinance.
The principal claimants are the 1st claimant (the Osu Mantse) and the 3rd claimant (the Acting Gbese Mantse, who claims on behalf of the Ga Stool, the Gbese Stool and the Korle We Stool). The claims of these two groups are made with reference to a boundary fixed between them in the judgment of Jackson J., delivered on the 31st May, 1951, in suits popularly known as the Kokomlemle Consolidated Suits, and confirmed by a judgment of the West African Court of Appeal (14 W.A.C.A. 676). So far as the dispute between these two principal groups is concerned, therefore, the matter is res judicata.
[p.165]
The 2nd claimant, Nii Yeboa Nortey, claims in the dual capacity of head of the Nii family and Dsasetse of Ashanti Blohum, Osu. He bases his claim upon an alleged grant made by the Osu Stool to his ancestor, one Nii Tettey Ashong, of lands known as Kotobabi lands, of which the land acquired is a portion. He says that the alleged grant was made as a reward for services rendered by the said Nii Tettey Ashong to the Stool and people of Osu in the Gua (Cape Coast) War, and in the Katamanso War. The alleged grant, if proved, can only be effective as regards Osu Stool Lands, and not otherwise; consequently the 2nd claimant’s claim, if maintainable, can only be in respect of that portion of the land acquired which can be shown to be on the Osu side of the boundary fixed by the aforesaid judgment. Therefore, whether as a subject or as a grantee of the Osu Stool, the 2nd claimant is estopped by reason of the aforesaid judgment from claiming compensation in respect of any portion of the acquired land falling on the Accra side of the boundary.
It now remains to decide the dispute between the 1st and the 2nd claimants as regards the claim to compensation in respect of the portion of the Osu Stool land acquired. The 2nd claimant represents a family, or recognised group, in the Ashanti Blohum (Ashanti Quarter) of Osu. As Dsasetse of Ashanti Blohum he is head of that quarter, and apart from the Mankralo of Osu himself, he is the most important constituent of the Mankralo’s Stool. He is bound by any decision