Kwamin Boadit & Ors V. Kobina Fosit & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Action in Native Tribunal—Family lands—Interest of individual member—Trespass—Judgment according to substance of claim rather than to form of writ.

Facts

The plaintiff-appellant claimed in the Native Tribunal of Ajumako that certain lands belonged to a family of which he was head. He claimed damages for trespass on the lands. The Native Tribunal held that the lands were neither the family property of the ,plaintiff, nor of Odikro of Brakwa, a co-defendant joined on the motion of the court.

The court held further that the lands were the property of the ” Oman of Brakwa ” which term includes the plaintiff’s family and that of the first co-defendant. Occupation of farmland created the family’s interest in land. Uncultivated areas of the land were the common property, .of the Brakwa community.

The Tribunal non-suited the plaintiff. On appeal to the Provincial Commissioner’s Court, the Provincial Commissioner varied the judgment by substituting •judgment for the defendants in place of the non-suit.

Held

On appeals froM Native Tribunals it is necessary to look at the substance of the claim rather than at the form of the writ. Appeal dismissed. Judgment of Native Tribunal as varied by the Provincial Commissioner’s Court upheld.