Kwesi Kwainoo V. Kofi Ampong & Anor (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Native Law and Custom—Fanti Customary Law—Family Land—Redemption and possession by member—Rights of family in redeemed land.

Facts

Appellant sued the head of the family and the linguist claiming that he was entitled to collect fees accruing from certain land for his exclusive use.

He alleged that the land had been redeemed by his grand uncle, from whom it descended to his uncle and on to himself; he also contended that he and his uncles had been in exclusive possession, and that this was evidence of acquiescence by the family that his uncle had acquired a private interest in the land adverse to the family.

The Native Court decided that the defendants must fail so long as they have not refunded the amount paid by the grand uncle; the Supreme Court decided in the defendants’ favour and the plaintiff appealed.

Held

In view of Fanti Customary Law the land when redeemed by the grand uncle was purchased for the family and possession by a member could not in any circumstances affect the rights of the family.

Appeal dismissed.