Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

KOFI BAINYI FOR HIMSELF AS HEAD AND ON BEHALF OF AMUAH EBIRADZIE STOOL FAMILY OF ESSAM ABUDU v. BORDAH OF MANKESSIM NOW AT ESSAM

1951

HIGH COURT

GHANA

CORAM

  • Dennison, J

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

This case concerns a land dispute between the Plaintiff (Head of the Amuah Ebiradzi Stool Family) and the Defendant over a piece of land called "Yedukwaa" in the Ekumfi State. The Plaintiff claimed ancestral ownership and that the Defendant was a tenant, while the Defendant asserted his ancestors cleared and settled the land. The court, relying on customary law, ruled in favor of the Plaintiff. Key points of the judgment include: (1) According to customary law, a member of one State cannot own land in another State except by grant or purchase. (2) The Defendant, being from Mankessim State, could not own land in Akumfi State without proving grant or purchase. (3) The Plaintiff's claim of ownership was supported by witness testimony and boundary evidence. (4) The court rejected the Defendant's claim of acquiring title through clearing virgin forest, as this was contrary to customary law for strangers without permission. (5) The Plaintiff was awarded the Declaration of Title, but the claim for Injunction failed due to the Plaintiff's counsel's concession. The case highlights the importance of customary law in land ownership disputes, especially regarding cross-state land claims.

JUDGMENT