DONKOR vs. DANSO

(His lordship stated the facts, and proceeded):- The Court of Appeal has laid down the principle which should guide the Supreme Court as to the proper method of ascertaining the native custom applicable to a particular case. In Anane v. Mensah (p. 50 of this volume) their Lordships said: “Native customary law is peculiarly within the knowledge of the Native Courts, and the opinion of a superior Native Court on native custom must be preferred to the opinion of an inferior Native Court, unless it is either contrary to a decision of the Supreme Court or of the Privy Council on the point, or ‘is repugnant to natural justice, equity and good conscience’.” Applying this principle, I proceed to examine the native custom which the Kwahu Local Court ‘A’ accepted and applied in determining this case, in order that I may decide whether it is a custom which the Supreme Court should countenance. The evidence led by the State Secretary that a subject is at all times compellable t...