JAMES TOWN (ALATA) STOOL AND ANOTHER v. SEMPE STOOL AND ANOTHER
1990
SUPREME COURT
GHANA
CORAM
- FRANCOIS
- WUAKU
- AMUA-SEKYI
- OSEI-HWERE
- AIKINS JJ.S.C
Areas of Law
- Property and Real Estate Law
- Civil Procedure
1990
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana resolved a long‑running dispute over Lartebiokorshie lands west of the Korle Lagoon, encompassing Korle Gonno, Korle Bu, Chorkor, Odorkor, Sabon Zongo, and Dansoman. The matter began in the Ga Native Court between the Crabbe family of Alata and Sempe subjects and was tried by Acolatse J., who applied Ga customary law and apportioned title based on exclusive occupation by Alata and Sempe. The Court of Appeal later rejected the ‘exclusive use’ test, preferred ‘original acquisition,’ and varied the judgment in favour of Sempe. On further appeal, Amua‑Sekyi J.S.C. and Wuaku J.S.C., relying on authorities such as Anege Akue v. Ababio IV, Kwaku v. Brown, and Hammond v. Ababio IV, reaffirmed that quarter lands belong to the quarter with exclusive possession, dismissed estoppel contentions, restored Acolatse J.’s apportionment, and set aside the Court of Appeal’s decision. Francois, Osei‑Hwere, and Aikins concurred.
JUDGMENT OF AMUA-SEKYI J.S.C.
The James Town stool has under three quarters or sections, namely Alata, Akumajay and Sempe. For historical reasons, the occupant of the Alata stool is also the occupant of the James Town stool. The quarters of Alata, Akumajay and Sempe are individually and collectively under the Ga Mantse, and with the quarters of Abola, Asere, Gbese and Otublohum in Ussher Town constitute what is known as Ga-Mashi. The people of James Town lived under the shadow of the English who had entrenched themselves in the James Fort, and those of Ussher Town attached themselves to the Dutch in Ussher Fort.
The claim of the Alata stool to paramountcy over those of Akumajay and Sempe was contested in Ababio IV v. Quartey (1916) P.C. '74 -'28, 40. In the trial court, Ababio had obtained judgment against the defendants, who were subjects of Asere, in trespass over land at Oblogo. On appeal he was non-suited by the Full Court on the ground that his claim to represent all the three quarters of James Town was disputed by Akumajay and Sempe. On a further appeal to the Privy Council, the Full Court was directed to make any necessary [p.395] amendment and deal with the real matter in controversy between the parties. The court comprising Smyly C.J., Watson and Porter JJ. found that the claim of Ababio to be James Town Mantse had been established and affirmed the finding of trespass made against the defendants.
Oblogo lies just outside the land in dispute in this case; but Korle Gonno, Korle Bu, Chorkor, Odorkor, Sabon Zongo and Dansoman are within it. All these lands have been lumped together and given the broad name of Lartebiokorshie. They lie on the west of the Korle Lagoon and extend to the Sakumo Lagoon. They may safely be taken to be James Town stool lands; but the question is, to which of the three quarters do they actually belong?
The actions started as a contest between the Crabbe family of Alata and some subjects of Sempe in the Ga Native Court. The suits were transferred to the Divisional Court where the trial took place before Acolatse J. with the Alata and Sempe stools as the real contesting parties. The result was the predictable one that Acolatse J. found that each stool had proved that certain parts of the land were in their use and occupation. Doing the best he could he adjudged each stool to be the owner of the land so occupied.
Acolatse J. delivered his judgment on 10 May 1963. By section 8 (1) (a) of the Courts Act, 1960 (C.A. 9), the