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NANA JUABEN SEIWA, Successor of late NANA AMA SEIWAH and YAH DANI v. ADJOA FORDJOUR

1948

HIGH COURT

GHANA

CORAM

  • JACKSON, J

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

Jackson, J heard an appeal from the Native Court of New Juaben concerning stool land originally given by the late Queen-mother Ama Seiwah to the defendant, now appellant, to enable her to continue service to the Queen-mother. After Ama Seiwah’s death, her successor, Nana Juaben Seiwa, and the stool claimed possession under customary law, asserting that ongoing service was required in exchange for the land’s use and profits. The Native Court treated the transaction as a revocable “gift” and awarded the property to the plaintiff-respondent. On appeal, counsel Mr. Larbi argued gifts are not revocable under custom, citing Sarbah’s Fanti Customary Laws. Jackson, J recharacterized the transaction as a conditional grant made for past services and expecting their continuance. Finding the services were not unreasonable, and that fairness requires one enjoying benefits to bear the burdens, the court affirmed the Native Court’s judgment and dismissed the appeal with costs assessed at £8 3s.

JUDGMENT