MENSAH v. BLOW

This appeal arises from the High Court (Cape Coast) setting aside a Komenda Local Court judgment that had favored the appellant over a farmstead known as "Kotokuom" at Bisease. The respondent, Ekua Blow, claimed possession on the basis of long family occupation of land appurtenant to their settlement. The appellant asserted his family’s ancestral title and that the respondent’s ancestors, including Enimah from the Wassaw area, were permitted by his ancestor, Kwesi Kuntoh, to settle and farm by leave and license, with no tribute historically exacted. The Local Court accepted witness Kwamina Esiampong’s account of this permission, found the respondent’s occupation was by leave, and found the appellant first cleared the disputed area. Lassey J.A. held that under Ghanaian customary law a licensee’s tenure confers no estate and cannot oust the grantor’s present rights, especially over areas the owner first reduced into occupation. Because the appellant first cleared the farmstead and had not abandoned it, the respondent, as a licensee, could not dispossess him. OLLENNU and APALOO JJ.A concurred. The Court of Appeal allowed the appeal, set aside the High Court’s decision, restored the Local Court’s judgment, and awarded costs of N¢140.41.