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JUDGM THE 29THJULY, 1936.

1936

WEST AFRICAN COURT OF APPEAL

CORAM

  • LORD BLANESBURGH
  • LORD MAUGHAM
  • LORD ROCHE

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The Privy Council heard an appeal by C. M. Appeatu and W. E. Appeatu arising from a dispute over the Kyeramase-Kohye lands in the Gold Coast Colony. Ohene Kojo Sintim, chief of Mansu, sued to set aside an alleged 1920 sale arranged by Akroso’s Odikro, Kobina Ofori, for £3,000. The sale was never completed by conveyance, and no payment was made to the paramount Mansu stool. The defendants relied on a ‘Guaha’ ceremony and subsequent episodes (the “Oaths case” and a “visit to Accra”) to imply consent by Mansu, but the Native Tribunal rejected this, and the West African Court of Appeal restored its decision. The Privy Council held that consent from Mansu was essential and had not been proven, criticized the Acting Commissioner’s placement of the burden on the respondent, and noted a forged receipt tendered by the defendants. The appeal was dismissed, and the order was varied to declare the sale not binding on Mansu, rather than ordering reversion of the land.