1948
HIGH COURT
GHANA
CORAM
AI Generated Summary
This appellate decision by Quist, J concerns a dispute within the Abaadzi Family of Cape Coast over apportionment of compensation, about £198, paid by the Government of the Gold Coast for acquired family land. J. W. Etuah sued as representative of the Jackson Street section against J. E. Richardson (alias Kwesi Eduaku), the acknowledged head of the entire Abaadzi Family including the Intsin Street section, seeking an equal half share of the compensation. The Native Court "B" had awarded Etuah equal sharing with costs. On appeal, after a jurisdictional objection was raised, the court held the suit was properly a land cause, because apportionment required ascertaining the plaintiff’s interest in the land. Applying settled Native Customary Law and authorities, the court ruled that a family member or section cannot sue the head for account or apportionment of family property, set aside the Native Court’s judgment, allowed the appeal, and awarded costs to the appellant.
Judgment :
This is an appeal from the judgment of the Native Court "B " of Oguaa State, Cape Coast delivered on the 13th of January 1948 against the defendant appellant.
The suit was for the apportionment of compensation money paid by Government for the acquisition of family land in Cape Coast.
The Writ filed by the Plaintiff in the Native Court reads as follows:-
"The plaintiff's claim is for the defendant and his section of Abaadzi Family known as Ekua Yebuaba of Intsin Street Cape Coast to show cause why the plaintiff and his section known as Madam Jemima Anderson Jackson Street Abaadzi Family, Cape Coast should not have equal share of the compensation paid to the defendant and his section by Government of the Gold Coast in respect of Family land acquired from the defendant and his section by the said Government in accordance with the Native Customary Law. Defendant and his section having shared equally with plaintiff and his section all the dividends due to the estate of William Edu Sam late of Cape Coast deceased and a member of the plaintiff's section from time to time. Defendant and his section having acknowledged the plaintiff and his section as one common family in accordance with the Native Customary Law and are therefore entitled to a share of the said compensation paid to the defendant and his section by the said Government".
It will be observed that in the title of the suit, as stated in the plaintiff's application for the issue of the writ herein, the parties are expressed to be "J. W. Etuah on behalf of himself as one of the successors and on behalf of all other members of the late Madam Jemima Anderson's section, Jackson Street Abaadzi Family of Cape Coast-Plaintiff" and "J. E. Richardson alias Kwesi Eduaku, head of Ekua Yebuabah Intsin Street Section of Abaadzi Family of Cape Coast Defendant".
It is evident from the description of the parties, that the plaintiff sued, on behalf of himself and as representing the Jackson Street section of the Abaadzi Family, the defendant J. E. Richardson as head of Ekua Yebuaba Intsin Street section of the Abaadzi Family.
It is, however, admitted that the two sections which reside at Jackson Street and Intsin Street constitute one family with one head, Ekua Yebuabah during her lifetime being such head of the family, and her successor, the defendant J. E. Richardson, being the present head of the entire family comprising the Jackson Street and Intsin Street members. It is a well established principle