Kwesi Enimil & Ors V. Kwesi Tuakyi & Anor (1952)

LawGlobal Hub Judgment Report – West African Court of Appeal

Effect on claim to possession or occupation of land of a Judgment against claimant that he is liable to pay tribute to ont of those against whom he claims such possession or occupation-Term “owner” frequently not used in its
strict sense in West Africa.

Facts

The lands which are the subject matter of this appeal from a decision of the West African Court of Appeal dated the 3rd February, 1950 are
known as Bortogina lands and are situate in the Chama District of the Gold
Coast Colony. They have been the subject matter of much litigation.

Held

A judgment against a claimant to possession or occupation of land that
he is liable to pay tribute in respect of such land is no bar to a claim to possession or occupation.

Held further that the word ” owner” is frequently used loosely in West
Africa and is not necessarily to be construed in its strict legal sense.

Appeal dismissed.