NANA BROMPON YANKUM II OHENE OF TAKORADI and others v. J. R. QUANSAH
1948
HIGH COURT
GHANA
CORAM
- HOOPER, J
Areas of Law
- Property and Real Estate Law
- Civil Procedure
1948
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Land Court at Sekondi, Nana Brompon Yankum II, the Ohene of Takoradi, and six Safuhenes representing the Stool and Oman of Takoradi, sought possession of the Ahinfie and Court House in New Takoradi from Mr. J. R. Quansah. The dispute arose after Old Takoradi was expropriated and a new Ahinfie and Court House were built by the Asafus and Oman, with community levies and government funds. Documentary evidence, including letters produced by Assistant District Commissioner R. J. Wallace (Exhibits B and C), showed the Governor’s acceptance of Yankum’s election and satisfaction that he is the rightful occupant. The Court held that, under native custom, buildings constructed with Oman contributions are Oman property, accepted that the Ahinfie and Court House belong to the Stool and Oman, rejected procedural objections about elders’ consent, and ordered possession, costs, and counsel’s fee to the plaintiffs.
Judgment:
This case was originally started in the Native Court of Busua Dixcove in August, 1946, and transferred from that Court to the Magistrate's Court, Sekondi. That Court, on the application of Counsel, reported the case to the Land Court for directions under section 54 (1) (c) of Ordinance No. 22 of 1944.
The plaintiffs, Nana Brompon Yankum II, the Ohene of Takoradi and six of his Safuhenes, on their own behalf and as representing the Stool and Oman of Takoradi, claim possession of the Ahinfie and Court House which they say is the property of the Stool and Oman of Takoradi, now situated at New Takoradi.
Pleadings were not ordered, but the general facts of the case are set out sufficiently clearly in the opening statements of Counsel.
The case for the plaintiff is that some years ago, apparently in 1924, the headquarters of the Stool of Takoradi were situated in the district now known as Old Takoradi, which was expropriated by the Government owing to the necessity of obtaining land for the construction of what was then known as the New Harbour area. As a result of building the harbour, the Chief of Takoradi found it necessary to move to a new Ahinfie which was duly constructed at New Takoradi. In order to find the necessary funds to pay for the new building, it was decided to use the proceeds of certain rents due in respect to certain Takoradi Stool lands. The sum of £500 which had been paid to the Stool by the Government in respect to the rent was used to pay for the Ahinfie, but this sum was found to be insufficient to cover the full cost. As a result the subjects of the Stool were called upon to raise the necessary sum of money required to complete the building. After the Ahinfie had been thus completed, the then Chief, who, it appears, was one Yaw Nketsia II, went into residence, and later there was a formal opening of the Ahinfie by the Omanhene. There matters remained for some years until Yaw Nketsia II died, when a dispute as to the succession arose. Some litigation followed, and it appears that the present case is no more than an incident in connection with this dispute.
During the time this litigation was going on with regard to which the Court has been given no precise information. Mr. J. R. Quansah, the defendant, who had claimed to be entitled to the headship of the Stool, occupied the Ahinfie and let off the rooms to tenants and collected the rents.
In 1945 the present plaintiff, Brompon Yankum II, was duly installed as the new Chie