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KLUTSE AKORTSU _ ORS. v. NELSON AZADE  ANOR

1999

COURT OF APPEAL

GHANA

CORAM

  • OFORI-BOATENG JA. (PRESIDING)
  • FORSTER JA.
  • ESSILFIE-BONDZIE JA

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Alternative dispute resolution
  • Evidence Law

AI Generated Summary

Justice Ofori-Boateng, writing for the Ghana Court of Appeal, addressed a land dispute between two Ho families over the area plaintiffs called the Afevu Grassland. Plaintiffs anchored their claim on a local custom tying ownership of adjacent grassland to ownership of a forest, and objected to defendants planting permanent trees there. In November 1969, both families selected elders and others to inspect the site; both sides paid 15 and, eight days later, the panel decided the grassland belonged to defendants. Plaintiffs rejected the decision, and the Circuit Court later held the process was not a valid customary arbitration and found for plaintiffs. On appeal, the Court held the parties had in fact engaged in customary arbitration but that it was invalid because arbitrators included interested family elders, violating natural justice. Further, a court-ordered plan (Exhibit One) omitted Tsasime and Afevu and the trial judge failed to ascertain the alleged custom under section 55. The Court remanded for a proper rehearing.