J. W. ARTHUR v. AMA YIEH AND AMPONTUA

This case involves a dispute over a farm between family members. The appellant sued the defendants for trespass on a farm originally cultivated by their late uncle Abebrese. The appellant had previously litigated to recover the farm from Nyamianihene, while the first defendant claimed to have inherited part of it and recovered a portion from Kwasohene. The Trial Native Court initially ruled in favor of the appellant, but the Native Appeal Court reversed this decision, holding that the property belonged to both parties. On further appeal, the court dismissed the appeal but varied the judgment. It was held that the farm is the property of both the appellant and the respondent as members of the late Abebrese family. The court ruled that since the property has not been partitioned, the appellant cannot maintain an action of trespass against the respondent or her agent. The judgment emphasizes that family property cannot be subject to trespass by family members until it has been partitioned, and that actions taken by individual family members to recover family property are considered to be in the interest of the family.