Ben. 0. Aryee & Ors V. Madam Adofoley (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Christiansborg Native Law and Custom—Alienation of ” Outskirt ” land incharge of a Quarter of Osu Stool—Osu Mantse cannot alienate land withoutprior consultation with Head and Elders of Quarter but not bound to followtheir advice.

Facts

The plaintiffs acquired what is termed ” outskirt ” land from the head and elders of the Alata Quarter of the Osu Stool. Subsequently the Osu Mantse granted the land to the defendant without the consent of, or without consultation with the head and elders of the Alata Quarter. Counsel for the plaintiffs contended that the grant to the defendant was void and of no effect.

Held

Where unalienated ” outskirt ” land is in the charge of the head and elders of a Quarter, the final decision as to whether to make a grant of such land rests in the Osu Mantse, but, although he may reject the advice of such head and elders of a Quarter, he cannot make a valid grant without prior consultation with them. Accordingly the grant to the defendant was void.

Appeal allowed.