J. GODSON HUSUNUKPE v. VORMAWOR DZEGBLOR OF AMEDZIEKOPE
1951
HIGH COURT
GHANA
CORAM
- JACKSON, J
Areas of Law
- Property and Real Estate Law
- Customary Law
- Civil Procedure
1951
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an appeal regarding the succession and ownership of land originally belonging to Sodorlordji, with disputes arising from customary succession practices. The appeal challenges the reversal of the Native Court's decision by the Native Appeal Court, ultimately restoring the original judgment in favor of the appellant.
Judgment:
This is an appeal from a judgment of the Native Appeal Court of the Anlo State delivered on the 27th November, 1950, reversing a judgment of the Native Court of Anlo-Some Area given on the 11th July, 1959.
The claim was one for damages for trespass to land.
The Native Court found that the coco-nut plantation originally belonged to one Sodorlordji. The only evidence as to the manner in which that land "belonged" to Sodorlordji was that afforded by the witness Dogbe Aglago Katako Denu whose testimony was that the witness' father had given his land to Sodorlordji to farm upon. It is this Denu through whom the plaintiffrespondent claims title by purchase.
Whether Sodorlordji was the absolute owner or whether this title wa s restricted to the use and occupation of the land is not very material since upon his death that interest in the land descended to the person entitled by customary law and by the Anlo customary law it is accepted that the children "succeed". The Native Court found that during Sodorlordji's lifetime the defendantappellant, who was his nephew, assisted Sodorlordji to establish a coco-nut plantation and built a house within that plantation from which he supervised it.
The Native Court found that the appellant, upon the death of his uncle, succeeded to this property and that it was not handed over to the daughter of Sodorlordji who was one Seme as "custom demands."
In the case of Tamakloe & Ors. v. Attipoe and Tamakloe (1), the law as to succession by Anlo Custom was discussed at length, and I accept the law found therein to be the law which governs the rights of the family in this action. It appears that upon the death of a man owning property, the head of the family (and that means the extended family) takes charge of the property and then after a family meeting hands over that property to the person appointed to be the "successor" for the persons beneficially entitled. There it was held that the
similarly estops another claiming under him and under whose title the plaintiffrespondent claimed.
Seme it appears has a son, namely Ahiaku Gawu Apone, who by the ordinary rules of succession, would inherit the use and occupation of the land upon the death of his mother Seme. If the document dated the 16th September, 1949, was a genuine one, then quite clearly Seme was conveying to the purchaser an estate which she did not possess and was over-riding the contingent interest of the person entitled to succeed to the interest in the pro