OHIMEN v. ADJEI AKD ANOTHER.

Justice Ollennu decided an appeal involving Asona family land at Agona Swedru between the Nana Danquah branch and the Asona Stool led by the second defendant. The Native Court had dismissed the claim, treated Agona State Council stool judgments as res judicata, and misdirected itself by stating that fifteen years of undisturbed possession vested ownership. On appeal, defendants’ counsel conceded both the res judicata point and the impropriety of an injunction absent a counterclaim. Applying customary land law, the court emphasized that the stool holds absolute title as trustee while subjects have a beneficial usufruct; the stool cannot dispose of land in a family’s possession without consent; and abandonment allows regranting. Equity principles limit a true owner’s recovery when laches occur. Concluding the Native Court’s own findings proved the plaintiff family’s possessory title, the court allowed the appeal, declared ownership according to native custom, held the defendants’ lease ineffective against the family, denied a perpetual injunction and damages, and awarded costs.