Nana Gyebi Ababio II & Anor V. Kweku Nsemfoo Of Kokooin & Anor (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land in Ashanti—Native Customary Law.

Facts

There was land litigation between the Stools of Essumeja and Offoasi which determined in favour of Essumeja. The appellant then invited the Chief of Offoasi to negotiate terms on which subjects of the Offoasi Stool (of whom the respondent was one) who were settled on the land would be allowed to remain in occupation of it.

Held

Affirming the judgments of the Asantehene’s ” A ” Court, and the Chief Commissioner’s Court, that this was an insufficient compliance with native customary law, which laid down that the appellant should have notified, not the Chief of Offoasi, but the farmer-tenants themselves, to come before him for tenancy agreements, and, if they failed, he could sue them in a court of competent jurisdiction to show cause why they farm on his Stool land, and refuse to enter into tenancy agreements with him.

Per curiam: The proof by evidence of a native custom is not necessary before a Native Court whose members are familiar with that custom.

Appeal dismissed.