TAWIAH v. ATTAFA

Koranteng-Addow J. decided an appeal arising from a land dispute over the fallow plot known as 'Abatafuo' in the Dompim area. After the defendant complained to the divisional chief of Dompim No. 1, an arbitration by the chief and elders inspected the land and found for the defendant; the defendant later recovered his expenses in the local court. The plaintiff, whose interest derived from his wife’s relatives (Kojo Ndru and Kojo Effie) and who had let the remainder to a tenant, sued in the District Magistrate Court for damages and expenses, arguing that the defendant sued the wrong person and faulting the defendant for not serving notice to quit. The trial magistrate ruled for the plaintiff, but on appeal the High Court held that customary law recognizes declaratory or protective remedies, not damages for another’s failure to assert ownership; the writ disclosed no cause of action. The court further held that, absent grounds such as lack of a judicial hearing or bias, one cannot resile from an arbitration award. The appeal was allowed with costs to the defendant.