Nil Afotey Adjin II V. Nil Adjei Obadsen II, Acting Teshie Mantse Substituted For Nii Ashitey Kamoa II, Teshie & Anor (1955)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Public Lands Ordinance (Cap. 134), section 14—Acquisition of Land— Presumption in favour ofparty in possession as owner.

Facts

Section 14 of Cap. 134 (formerly Cap. 113, section 12) provides that when land is acquired the party in possession as owner shall be deemed to be entitled to it “unless the contrary is shown” (text in judgment infra).

Government acquired some land in the possession of Stool T. Stool N alleged that, though the other Stool had been in possession, Stool N were the owners and had allowed the other Stool to occupy on payment of a yearly tribute; and Stool N claimed a share of the compensation.

The trial Judge decided that Stool N had failed to prove any reversionary rights, and Stool N appealed. It was submitted for Stool N that Stool T had a duty to prove that their possession was such as to extinguish the rights of Stool N.

Held

There was a presumption of ownership in favour of Stool T, who were in possession as the owners, and under the Ordinance the onus was upon Stool N to satisfy the Court to the contrary, but this Stool N failed to do.

Appeal dismissed.