Nana Ayirebi Acquah Iii Of Winneba Now At Accra V. Nana Tawia Ababio & Ors (1948)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for declaration of title—Property acquired by Chief while on the Stool—Whether such property is Stool property—Native customary law—Courts Ordinance, section 74.

Facts

The role that property acquired by a Chief while on the Stool is subject to qualification. If it can be proved that the Oman have by words or conduct indicated that they regard the Omanhene’s personal emoluments as his private property, and that the property acquired by him has been paid for by him out of those emoluments, then his title to the property would be established. These are questions of fact to be determined on the evidence and the onus of proof always lies upon the Omanhene.

Held

Bye-Laws providing for payment to an Omanhene of personal emoluments do not confer upon him the right to hold private property and thus do not abrogate the native customary law in regard thereto.

Per curiam: Where a Land Court Judge consults with an assessor on a material point of customary law, the result of the consultation should be announced in open Court before judgment.

Appeal dismissed.