[1960]DLSC317February 26, 1960High Court

ESSON vs. GYAKYI AND ANOTHER

JUDGMENT OF ADUMUA-BOSSMAN J. (His lordship referred to the facts and continued). The matter first came before me on January 12, 1960. In my own experience much depends (in matters such as this) on the relationship of the alleged offending member to the head of the family, and on the question what interest (if any) his relationship to the original owner of the property has conferred on him. I therefore decided to resort to the power given to the Appeal Court under section 50 of the Native Courts Ordinance, to hear further evidence, in order to afford to the defendants the opportunity of establishing to my satisfaction the exact relationship which they claimed to have with the original owner of the premises in question, and the interest which (as they claimed) had been conferred on them by native customary law in virtue of that relationship. The defendants availed themselves of the opportunity, and the senior gave evidence purporting to show how he was connected with Mrs. Gwi...