1948
HIGH COURT
GHANA
CORAM
AI Generated Summary
Proceeding under section 7 of the Public Lands Ordinance (Cap. 113), the court was asked to decide between the Asere Stool, represented by Nii Teiko Ansah II, and the Djani Kofi Family, represented by Nii Amasah Nikoi O’lai, as to ownership and compensation rights in land at Bubiasi near Accra. Evidence showed strangers like Ephraim Kojo Dormon and Sulemanu farmed unoccupied stool lands with permission and paid tolls, while the major portion of the land had long been in the possession of the Djani Kofi family and those claiming under it, supported by traditional settlement at Mukose and continuous cultivation. Applying Ga customary law and the practical incidents of tenure, the court recognized family property within stool structures, with ownership restricted by the need for stool consent to alienation. Under section 12, the family was found in possession as owners of seven-eighths and entitled to corresponding compensation, while the Asere Stool was entitled to one-eighth; no award was made to other claimants, and costs were taxed accordingly.
Judgment :
These proceedings arise under the provisions of section 7 of the Public Lands Ordinance (Cap. 113). Nine persons clamed to be entitled to compensation which was assessed by Korsah, J., in a judgment delivered on the 8th July, 1947 and which was varied in respect of the 8th claimant alone by the West African Court of Appeal on the 24th February, 1948.
Before me, it was agreed that the only issue to be determined was as between the 4th claimant (Nii Teikoe Ansah II, Asere Mantse) and the 5th claimant (Nii Amasah Nikoi O'lai, Onukpa of Asere Djorshic) and that the other claimants derived their titles from one or the other of these two claimants. No pleadings had been filed and I framed the issue orally which was:-
"Does the land belong to the Asere Stool (4th claimant) or to the Djani Kofi Family (5th claimant)?"
By section 12:-
"The parties in possession of such lands as being the owners thereof at the time of such lands being purchased or taken, . . . shall be entitled to receive the . . compensation for such lands".
After hearing the greater part of the evidence I viewed the land on the 5th August, 1948, and, after hearing one other witness on the following day and the addresses by Counsel I reserved judgment until this morning.
I find that at the time such lands were taken by the Crown, the following persons were in physical possession of these lands:-
1. Ephraim Kojo Dormon
2. Sulemanu
3. John Joseph Ocquaye
4. Kwadjo Aziate
5. Nii Amasah Nikoi O'lai.
I accept the evidence of Dormon (6th witness for 4th claimant) that as a stranger to the land he sought and obtained permission to farm and to erect a hut on the land from one Abaka Kwamin conditional upon the payment of toll each year. I am satisfied that the toll was collected with the authority and at the instance of the Asere Mantse (4th claimant) and his predecessor in title.
I am satisfied that the 5th claimant was at all times aware of Dormon's presence on the land since 1939 and that at no time did he challenge his right to be there.
I accept the evidence of Sulemanu (7th witness for 4th claimant) that he inherited his right to occupy the land from his father who acquired it by permission of the Asere Stool (4th claimant) and that the 5th claimant at no time challenged his right to occupy the land.
Apart from the possessory rights enjoyed by Dormon and Sulemanu, I find that J. J. Ocquaye (4th witness for 5th claimant) and Kwadjo Aziate (10th witness for 5th claimant)