[1957]DLWALR1043 • February 27, 1957
AKOFI vs. WIRESI AND ABAGYA.
The plaintiff represented a group of strangers to the Odoben Stool who occupied and worked stool land under an 'abusa' agreement, entitling them to one-third of the yield. The defendants, representing the stool, claimed the land was held under an 'ebuenu' agreement, entitling the stool to half the yield. The plaintiff sought to restrain the defendants from demanding half the land and to enforce the abusa agreement. The courts below ruled in favor of the plaintiff, confirming the abusa system as the basis of tenure.
read moreNative Law and Custom-Stool land-Nature of estate granted by stool to strangers-Abusa system. Native Law and Custom-Stool land-Nature of estate granted by stool to strangers-Abusa system. Practice - Parties - Representation by one person of a group of persons having the same interest in the subject-matter-Native custom-Supreme Court (Civil P1'ocedure) Rules, Ord. 16, 1'. 9, Practice-Appeals to West African Court of Appeal-Concurrent findings of fact in courts below. The defendants were sued, as representatives of their stool, by the plaintiff, as the representative of a group of strangers to the stool who, by agreement with the stool, were occupying and working stool land. The plaintiff claimed that the strangers he represented worked their land under an "abusa" agreement with the stool (an agreement, common in cocoa-producing areas, involving a tripartite division of the yield of the land of which one such third is rendered by the tenant-farmer to the grantor stool). The ...