[1959]DLCA2036 • May 29, 1959 • Court of Appeal
OKANTEY vs. KWADDEY
Plaintiff Okantey claimed possession of land granted by the Anahor Stool in December 1939, confirmed by the Osu Mantse. Defendant Kwaddey entered and built on part of the land in 1955, claiming title through subsequent grants from the Anahor Stool after Government acquired an indefeasible interest in the land in 1940. The dispute arose over conflicting grants and possession rights on native Stool land subject to native customary law and Government acquisition.
read morePlaintiff established that he obtained a grant in December, 1939 by the Anahor Stool. Prior to that, viz. in September, 1939, the Osu Stool (which includes the Anahor Stool) purported to grant land, including the disputed area, to the Chief Secretary by agreement. On the 24th October, 1940, the Legislative Council passed an ordinance under which Government acquired an indefeasible interest in the said land. In December, 1939, when the Shippi conveyed to the plaintiff, Government had not acquired that “indefeasible interest.” The land in dispute was held under native tenure, and the parties are natives; therefore, sec. 87(1) of the Courts Ordinance applies. In consequence, the learned Judge was wrong in applying the purely English Rule against Perpetuities to this case. The land is Stool land granted by the Stool to subjects of the Stool. The agreement made by Government with Chiefs recognises native customary law, clearly showing that it was intended that under the agreement nat...