KWAMI vs. PARKINSON HOWARD LTD. AND ANOTHER

JUDGMENT OF OLLENNU J. By section 87 (1) of the Courts Ordinance in all suits between Africans or persons of African descent, or between persons of African descent on one hand and persons not of African descent on the other, and particularly where the suit relates to the tenure and transfer of real property, customary law is deemed to be the law applicable for the determination of the suit, unless the contrary is shown. In the instant case, therefore, between Africans or persons of African descent on one hand and persons who are not Africans or of African descent on the other hand, customary law is the law deemed to be applicable. The pleadings filed in the suit, far from showing that law other than customary law is that applicable, make it abundantly clear that the plaintiff bases his claim upon his customary tenure of the land in dispute, while the defendant (a corporate body) depends upon the customary title of the third party, namely the Manya Krobo State Council. Sectio...