[1965]DLSC1828 • May 17, 1965 • Supreme Court •
MANU AND ANOTHER vs. KONTRE
The case concerns a dispute over ownership of a parcel of land at Saakrome, north of the Offin Shelter Belt Forest Reserve. The plaintiff's son observed the defendant company felling trees on the disputed land under agreements with a third party, who claimed ownership on behalf of the Nerebehi stool. The plaintiff claimed title through her ancestor Birempong, a subchief rewarded with land after the Abrimoro War. The third party claimed title through his ancestor granted land by Otumfuor Nana Opoku Ware after the same war, with a portion allegedly given to the plaintiff's ancestor. The dispute involved customary arbitration before the Bantamahene and his elders, which the plaintiff relied upon to assert estoppel against the third party and codefendant.
read moreJUDGMENT OF MILLS-ODOI J.S.C. This is an appeal from a judgment of Djabanor J. dated 22 February 1962. It is concerned with a dispute as to ownership of a parcel of land situate at a place known as Saakrome, an area lying north of the Offin Shelter Belt Forest Reserve. The action arose out of certain events which took place in 1956 when the plaintiff ‘s son, Kwabena Kontre, the plaintiff’s first witness, saw some workmen employed by the defendant-company felling trees on a portion of the land in dispute. Inquiries revealed that the defendant-company was working on the land pursuant to rights which it claimed were given to it under felling agreements made by it with the third party. By those agreements, the defendant-company was to be entitled upon stipulated terms to fell and carry away timber and timber-like trees marked by it and shown to the third party or his representative. The trees could be felled within the area of Dotiem, an area which included the land known as Saakrome,...