[1961]DLHC864 • November 16, 1961 • High Court
BOATENG vs. NTIM AND OTHERS
The appellant, Boateng, claimed ownership and possession of a portion of Bepong stool land, alleging it was sold and conveyed to him under customary law about 20 years prior. He and his sons had been in possession and farming the land. The defendants claimed portions of the same land were granted to them by the Bepong stool. The local court found the stool had granted land to both parties but dismissed the appellant's claim on grounds including invalidity of sale due to non-performance of the guaha custom, invalidity of a deed for lack of local council concurrence, and estoppel by acquiescence.
read moreJUDGMENT OF OLLENNU J. This is an appeal from a judgment of the West Kwahu Local Court delivered on the 23rd March, 1961. The claim is for recovery of possession and damages for trespass. The land is a portion of the Bepong stool land. The co-defendant is the occupant of that stool. The case of the appellant, plaintiff in the local court, is that the said land is a portion of land, sold and conveyed to him by the Bepong stool by customary law about 20 years ago; that upon the said sale he entered into possession and caused his sons to farm a portion of it. And the case for the defendants is that the portions of the land which they occupy were granted to them by the co-defendant’s stool, the Bepong stool, as subjects of the said Bepong stool. The local court magistrate found as a fact that the Bepong stool granted the said land to the plaintiff and that the plaintiff and his people are in possession of a portion of it. He found at the same time that the said stool m.....