[1959]DLSC2022 • February 26, 1959 • Supreme Court •
KWAN vs. NYIENI & ANOR.
The appellant, a member of a family but not the head, sought to recover four cocoa farms that were family property wrongfully sold under a mortgage executed by the head of the family without the consent of principal family members. The respondents claimed rights based on the mortgage and subsequent sale. The case arose from a suit initially instituted in Kumasi West District Court “B”, transferred to the Land Court, Kumasi, and appealed to the Supreme Court.
read moreVan Lare, Ag. C.J. delivered the judgment of the Court. This is a judgment of the Court in the preparation of which we all have participated. The appeal is from a judgment of Benson J. delivered on the 12th January, 1956 in the Land Court, Kumasi, in a suit which had been instituted in Kumasi West District Court “B”, Goaso, and which was transferred to the said Land Court by Order dated the 12th July, 1955 made by the Land Judge, Kumasi. (His lordship stated the facts, and proceeded):— In our opinion a most significant inference to be drawn from the order of the Kumasi West District Court “B” is that Yaw Donkor, the caretaker of the family, should retain possession of the farms. It can also be inferred from that order, read together with the second order, that a declaration that the farms were not liable to be sold was clearly meant, though not specifically made. The reasons given by the Court for their order that the debt of £900 should be paid out of the proceeds of t...