SEMUA v. FORIWAA
1960
SUPREME COURT
GHANA
CORAM
- KORSAH C.J.
- GRANVILLE SHARP
- AKIWUMI JJ.S.C
Areas of Law
- Civil Procedure
- Property and Real Estate Law
1960
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case involved the plaintiff seeking a declaration of title to a cocoa farm, which she claimed as a successor to her grandmother. The chain of appeals moved from the Kumasi West District Court 'B' to the Asantehene's 'A2' Court, and then to the Land Court of Ashanti Judicial Division. The ultimate decision reaffirmed the plaintiff's claim to the farm based on long-term possession and lack of evidence of customary acceptance of a gift by the defendants.
JUDGMENT OF KORSAH C.J.
Korsah, C.J. delivered the judgment of the court: This is an appeal from the judgment of the Land Court of the Ashanti Judicial Division in exercise of its appellate jurisdiction, allowing an appeal from the judgment of the Asantehene's "A2" Court which had reversed the judgment of the Kumasi West District Court "B" the native court of first instance which originally tried the case.
The plaintiff who is respondent in this court claimed as successor to her late grandmother, Abena Bruwah, declaration of title to cocoa farm described in the writ; £100 damages and perpetual injunction. In support of this claim she adduced evidence proving that her ancestor made the farm, and had been in possession of it for over thirty years, plucking the cocoa, and enjoying the proceeds of the farm without accounting to the defendant or any one, except paying tribute of £8 per annum to the Oyokohene, the landlord, on whose land the cocoa farm is situated; and who by custom is entitled to a tribute of £8 per annum from all tenants farming on the land.
The defendant's case is, the said farm was originally made by her late granduncle, Kojo Fordjuor, who was a slave and thereby a domestic member of plaintiff's family; that on Kojo Fordjuor's death, he was succeeded by one Yaw Bio, who voluntarily granted the said cocoa farm to Abena Bruwah, the plaintiff's grandmother for life. When the alleged grant was challenged and defendant was required to adduce evidence as to the native customary practice of acceptance, the defendant said that by agreement none was performed.
The native trial court after carefully reviewing the evidence, gave judgment for the plaintiff in which they commented on the total lack of evidence of the customary acceptance by the donee or the production by [p.258] the donee of "drinks" in accordance with custom. They attached importance to what they regarded as essential native custom if such a grant had been made, and in my view, rightly held that the attempt by the defendant to rebut the very strong evidence of plaintiff's ownership must fail, since the defendant is unable to adduce evidence of acceptance of the gift to, or permission for, plaintiff to take possession and enjoy the fruits and benefits of the farm. Apart from the failure of the defendants to prove this allegation of a grant there is on record ample evidence proving that the cocoa farm was cultivated by Abena Bruwah with the assistance of members of her family.
On a