KOBINA JASI. v. KOFI TCHUM.
1911
SUPREME COURT
GHANA
CORAM
- HIS HONOUR SIR PHILIP CRAMPTON SMYLY, KNIGHT CHIEF JUSTICE
Areas of Law
- Property and Real Estate Law
1911
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff claimed £3,940 10s. 0d., including proceeds from alleged sales of stool lands by the Defendant and value of stool paraphernalia. The primary legal issue was whether properties acquired by the Defendant, who made no declaration of private property, belonged to the stool. The Court ruled that stool properties belong to the stool, not the individual officeholder, except any declared private property during instoolment. The case involved testimonies about local customs and referred to previous case law (Mensah versus Poku). CRAMPTON SMYLY, Chief Justice, concurred with the decision.
In this case the Plaintiff claims from the Defendant, the return of the sum of three thousand nine hundred and forty pounds ten shillings £3,940l0 s. 0d. being property belonging to the stool of Asafo, and certain paraphernalia attached to the said stool, to wit one (1) native elephant horn, One (1) Asipim stool, two (2) white wooden stools, one (1) large brass pan, one (1) hausa Nsa cloth, gold ornaments for feet, silver rings for feet, mounted with artificial tortoise, ten gold rings, one gold necklet mounted with artificial gold bird ornament, one (1) hammock, ten (10) native cloths. Five (5) Velvet cloths and (1) gold chain, or one thousand pounds (£1,000) the value
of the said stool paraphernalia. The sum of £3,940 10s. 0d. is made up, (vide pp. 246 evidence) of the several sums of £2,940 10s. 0d. the value of the stool lands, defendant is alleged to have sold, and £1,000 the value of the paraphernalia claimed. There is very little dispute as to what actually occurred in this case, apart from the question of the actual sale of stool lands by the defendant, his alleged failure to comply with the native custom of sharing the proceeds with the members of his stool in the recognised proportions, and the value of the paraphernalia. The facts not in dispute are shortly as follows, about eleven years ago the Defendant who had been living at Abompeh up to a year before he was elected Odikro of the village of Asafo in the Akim district of this Colony, and instooled; it is agreed by both parties. that at his instoolment he made no declaration of being possessed of any private property as distinct from anything he should acquire from the stool. Towards the end of 1909 or the beginning of 1910, it is not clear which, Kofi Tchum and his Oman or people got at variance, the latter asserting that Kofi Tchum had been selling stool lands without their privity or consent, and putting the proceeds out on loan-The Oman then proceeded to destool Kofi Tchum, informally in his absence, and to instool the present plaintiff Jasi as Odikro in his stead, and took possession of the house Kofi Tchum had lived in, since he was made Odikro and the things in it-with the result that Kofi Tchum brought an action in this Court, Suit No. 187, against Bosumpim and others, elders of the village of Asafo, claiming a return of gold dust valued at £1,890, and £1,000 in money, or £2,890 damages for wrongful conversion-this case came on for hearing on the 3.2.10, and resulted in judgment for t