February 11, 1931
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
This proceeding under the Public Lands Ordinance (Chapter 142) addressed Government acquisition and compensation concerning an area near Dodowa Road, Accra, published by Gazette notice and supported by a certificate of title. Managing thirteen claimants, Hall J. structured the case to focus on three segments: the eastern portion disputed between the Osu Stool and the Labadi Stool; the north‑western portion between Labadi and the Odoi Kwao family; and the south‑western corner claimed by the Atukpais. Emphasizing section 10’s presumption in favor of parties in possession and the relative weakness of uncorroborated tradition, the Court weighed evidence of mercantile and Government plots, longstanding farms, and prior compensation flows, along with a 1901 letter from Labadi’s chiefs acknowledging a boundary at the old Aburi road and independent witness testimony. The Court held that Osu and the Odoi Kwao family established title, that Sackey’s executors and Nicholson succeed through Osu, and that the Atukpais failed. Valuation adjustments and detailed costs orders were made, including a deduction for Nicholson’s plot.
HALL, J.
This matter comes before the Court under section 6 of the Public Lands Ordinance (Chapter 142).
In the Gold Coast Gazette No. 36 of 1929 dated 11th May, of that year, at page 964 "First Notice" of acquisition of the land in question was published, signed by the Colonial Secretary and dated 25th April, 1929. A Certificate of Title for the aforesaid land was signed by the Chief Justice on 11th June, 1929, under section 9 of the aforesaid Ordinance.
It will be convenient to state here that although both " First Notice" and the Certificate of Title refer to the area of land acquired as being 304.68 acres in extent yet in fact the exact area is no less than 351.27 acres. However, in view of the fact that the boundaries set forth both in the "First Notice " and the Certificate of Title are correct, and in view of the fact that compensation has been assessed by the Government and will be awarded by me on the correct acreage the erroneous description made no difference
so far as this Court is concerned-Whether or not the Government may consider it advisable hereafter to apply to correct the Certificate of Title to come into line with the correct acreage is a matter with which I am not here concerned. As a result of the publication in the Gazette already referred to and service on possible claimants in accordance with the terms of the aforesaid Ordinance the following claims were lodged.
(The learned Judge here set out the various claims). It is the usual practice in this Court in these matters for the claimant earliest in date to be made Applicant and a subsequent claimant Opposer. In the present case I had to deal with an unwieldy body of 13 claimants. After much discussion with Counsel the claimants were arranged as follows:--
Applicants-Osu Stool, Nicholson, Executors of Sackey, Odoi Kwao Family, Messrs. Thompson Moir and Galloway and Adams.
Opposers-C. B. Tibboh, Alice Nettey, Chief Nelson, Lawrence Family, Labadi Stool, The Atukpais and Sarbah Shipi-(the two last named were added when they came in after the case as to title had commenced). This was a convenient course to adopt, because the Applicants between them covered the whole area without opposing one another, whilst Nicholson and the Executors of Sackey depended on the Osu Stool for success-Of course it was always understood that the Opposers, where necessary, were entitled to cross-examine and oppose generally a Co-Opposer's claim. If any other arrangement had been made it seems to me t