[1959]DLCA5519 • January 12, 1959 • Court of Appeal
SASRAKU vs. DAVID & ORS.
The plaintiff, representing a family company of Teshie people, claimed absolute title to land in Ashanti based on three conveyances from the Chempaw Stool. The defendant, representing the Paramount Kokofu Stool, disputed the sales, contending that land in Ashanti is not alienable by sale and that any sale without the overlord's consent was invalid. The plaintiff admitted the documents contravened the Concessions Ordinance but argued they evidenced customary sales with the performance of 'Guaha'. The dispute centered on the validity of the sales under Ashanti customary law and whether the Paramount Stool consented.
read moreThe sale of land by a Sub-Chief must be with the consent of the overlord (Sintim v. Apeatu and ors. (2 W.A.C.A. 197)). Exhibit G (one of the conveyances) does not show that the Kokofu Stool joined in it and therefore there was no evidence that the overlord - the real owner - conveyed the land referred to therein to the plaintiff. The plaintiff also failed to lead evidence to establish the custom of the outright sale of land in Ashanti, and the thousand or more instances of such sale do not constitute an established custom. To the contrary, the evidence of the dignitaries Appiah and Baffour Akoto shows that land is not saleable in Ashanti. The plaintiff relied on sale by native custom, but failed to bring evidence of such a sale. Though the trial-Judge was not bound by the case of Mensah and ors. v. Wiaboe he was wrong in not following it. He unnecessarily quoted unrecognized authors. He wrongly granted an absolute declaration of title. The costs were excessive to the point of being fan...