KWASI BONSAM v. ODIKRO KWASI EDUBIA

Senior District Commissioner Spooner decided an appeal arising from a land dispute concerning a farm allegedly given by Gyekye to Kwasi Bonsam. The appeal initially came before His Worship H. V. Wimshurst and was adjourned pending police investigation; the Superintendent of Police, Ashanti later withdrew a related perjury charge under section 56 of Cap. 10. Relisted and heard de novo, the appellant argued that irregularities in the 'A' Court justified special leave to appeal. Spooner found no irregularity, confirmed the proper constitution of the Mansu Nkwanta Native Court and the propriety of the proceedings in the 'A' Court. On the merits, he agreed with the 'A' Court2s application of customary law requiring proof of payment of the customary drink to establish a gift of family property, a rule designed to protect family interests. He further held the dispute concerned an inter vivos gift, not succession to a deceased2s property, and dismissed the appeal with costs.