NII ADJEI ONANO v. PER G. K. ODOI v. OKWEI NOI MENSAH AND NORTEI

This appeal arises from a dispute over La Stool lands in Labadi involving the La Mantse and local defendants who were constructing buildings on stool land. The defendants, relying on a grant from the co-defendant, a quarter head, claimed authority under native custom to allocate land to La natives. The La Mantse’s councillors issued a writ after the defendants refused to explain their claim to the land. The Ga Native Court "B" held that the stool occupant must be informed of grants by quarter heads, found the defendants’ conduct tantamount to trespass, and granted an injunction. On appeal, Quashie-Idun, J addressed grounds concerning admissibility of prior judgments, burden of proof, and Exhibit J’s significance. He concluded the prior judgments were properly admitted to evidence ownership and rights, that there was abundant evidence supporting the Native Court’s conclusion, and that Exhibit J reflected attempts by quarter heads to assert exclusive control inconsistent with custom. The appellate court refused to interfere and dismissed the appeal with costs.