KWASI ADAI-KOMFUO NANA v. KWAKU ASSEMAH AND KWAME NATWI

The case concerns the sale of a cocoa farm that the plaintiff-appellant contended was family property. The 1st defendant, who occupied a family fetish stool, sold the farm to the 2nd defendant. The Native Court of Offinso determined that the farm was indeed family property and that the 1st defendant lacked authority to dispose of it, ordering recovery of the farm to the appellant upon payment of £50 to the 2nd defendant. On appeal, the Native Appeal Court agreed the farm was family property but nonetheless validated the sale, reasoning that it was witnessed by Kojo Andoh, described as the 1st defendant’s next of kin, and thus conformed to Native Customary Procedure. Reviewing the record, QUASHIE-IDUN, J concluded the sale was transacted and documented as the 1st defendant’s personal property, with Andoh witnessing a personal sale; therefore the customary requirements for alienation of family property were not met. The appeal was allowed, the Native Appeal Court’s decision was set aside, and the Native Court’s judgment restored, with costs for the appellant.