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KOBINA ANGU v. CUDJOE ATTAH

June 23, 1916

GHANA

CORAM

  • The Lord Chancellor.
  • EARL Loreburn.
  • LORD SHAW.
  • Sir Arthur Channell

Areas of Law

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

AI Generated Summary

Sir Arthur Channell delivered the opinion of the Judicial Committee of the Privy Council in an appeal from the Full Court of the Supreme Court of the Gold Coast Colony. Kobina Angu, the Manche of Mansu, sued for a declaration that he was entitled to tribute from Cudjoe Atta, who held lands at Bortogyina. The Divisional Court, after hearing Angu, the linguist of the paramount Chief of Lower Wassau, and Princess Kiriwa, found a strong customary entitlement to tribute. The Full Court reversed, allowing an amendment to the respondent’s plea and concluding Angu had no right to tribute, apparently based on earlier proceedings and a supposed mortgage by Baidoo to Jobson. The Privy Council emphasized that, under Gold Coast customary law, tribute attaches to stool lands and rightful possession does not negate liability. It held that records of evidence from other actions are inadmissible to prove private rights like a mortgage and found no proof of extinguishment. The appeal was allowed, the Divisional Court’s judgment restored, and costs awarded against Atta.

JUDGMENT