January 3, 1955
HIGH COURT
GHANA
CORAM
AI Generated Summary
Land described in Exhibit A, subject to a Government acquisition notice dated 3 October 1950, came before the court under Section 8 of the Public Lands Ordinance to determine who was lawfully entitled and thus entitled to compensation. After the Acting Osu Mantse withdrew, the dispute was between Nii Nortey Afriyie II, Osu Mankralo, who asserted the land belonged to the Ashanti Blohum Stool, and M. Captan, who claimed title via a 18 December 1947 conveyance from Acting Mankralo Narh Yebuah. Evidence showed the sale to Captan bore signatures of the Osiahene (Adotei Twi II), the Wolomo (Noi Sekan), elders of Ashanti Blohum, and linguists of the Osu Mantse, signifying stool consent. The court, applying Ga customary law and relying on authorities including Quarm v. Yanka and Ben O. Aryee v. Odofoley, held that not all seven house heads must sign; concurrence of the Mankralo, Osiahene, Wolomo, and the Mantse suffices. Any defect was voidable, not void; prolonged acquiescence and estoppel barred challenge. Under Section 14, Captan, in possession, was deemed lawfully entitled and awarded compensation; judgment with costs entered for him.
Judgment: This is a dispute about the title to the land the descriptions of which are set out in exhibit A the acquisition notice dated 3rd October, 1950, and, it has come before this court by virtue of section 8 of the Public Lands Ordinance, for the determination of person lawfully entitled to the land and so to the compensation payable therefor.
There were originally three claimants one of whom the Acting Osu Mantse has subsequent to the matter coming before the Court, withdrawn his claim. Therefore there are just two claimants; the first claimant Nii Nortey Afriyie II, Osu Mankralo who claims the land to be land of the Ashanti Blohum Stool of which he is the occupant and M. Captan who claims to be the owner of the land by purchase from the Ashanti Blohum Stool represented by the then Acting Mankralo Narh Yebuah and, relies on a deed of conveyance dated 18th December, 1947, exhibit E. It is not in dispute that the occupant of the Ashanti Blohum Stool is always the Mankralo of Osu and the proper person to dispose of the Quarter stool lands with the consent of his elders. It is not also in dispute that at the date of exhibit E, Narh Yebuah the grantor was the Acting Mankralo and that he sold the land to M. Captan. The first claimant's case is that, the Acting Mankralo in selling the land, did so without the consent of his elders which was contrary to Native law and custom and so the sale to Captan is invalid or void and, that Captan bought the land after warning a copy of which is exhibit G. According to the evidence of the first claimant and his witness the Dsasetse Nortey Yebuah, the Mankralo can only make a valid disposition of the Quarter's land with the consent of his principal elders who are the heads of the seven houses of Ashanti Blohum and, that, with the exception of Adotei Twi II none of the signatories to exhibit E Captan's conveyance is any of the principal elders. According to first claimant and his witness the Dsasetse, all these seven principal elders must sign the document disposing of the land to signify their consent. I must point out also that it is not in dispute that the land is a portion of what are known as Osu "outskirts" lands. It is to be noted that neither Nii Nortey Afriyie, first claimant nor his witness Nortey Yebuah gave the names of these principal elders whose consent is essential. They admit also that from 1945, when Narh Yebuah was made Acting Mankralo he had been making grants of the Stool lands to Syrians including C