YAW KWARTENG AND KOFI NTI v. YAW ASSABILL

The judgment, authored by Bewes, Assistant Chief Commissioner, addresses a dispute about whether property originally privately owned by Kwame Pong became stool property upon his death. The defendant asserted that by customary practice, all personal property of a newly elected chief attaches to the stool and becomes stool property. The court referred to the members of the "A" Court, who had articulated the governing custom: when a person is elected Chief, he makes a declaration specifying which private properties he hands over to the stool. Crucially, the appellate court found no evidence that Kwame Pong ever made such a declaration regarding the disputed property. Applying the custom to the facts, the court rejected the defendant’s automatic attachment argument and concluded that the claim to stool property failed. The appeal was dismissed, with costs directed as stated in the judgment.