[1967]DLCA1515 • June 12, 1967 • Court of Appeal
MENSAH vs. BLOW
The appellant claimed ownership and possession of a farmstead known as 'Kotokuom' at Bisease, Central Region, which the respondent disputed, asserting ancestral land rights. The respondent's ancestors had occupied portions of the land with permission from the appellant's ancestors, forming a village and intermarrying. The appellant cleared the disputed farmstead intending exclusive use, but the respondent's agents cultivated it without authority. The dispute centered on whether the respondent, as a licensee under customary law, could claim exclusive possession over portions of the land not specifically allocated to her.
read moreJUDGMENT OF LASSEY J.A. This is an appeal from a decision of the High Court, Cape Coast, given in its appellate jurisdiction dated 26 February 1964 (unreported), setting aside a judgment dated 30 December 1960, given in favour of the plaintiff-appellant (hereafter called the appellant) by the magistrate of the Local Court of Komenda, in which he upheld the claim of the appellant to ownership and possession of a small piece of farm land known as “Kotokuom” situate at Bisease in the Central Region of Ghana, and directing that judgment be entered rather in favour of the defendant-respondent (hereafter called the respondent) Ekua Blow for possession of the said piece of farmstead. The main question arising on this appeal is whether a licensee, who has been permitted according to custom to occupy and use a piece of another person’s ancestral land and who in fact has enjoyed an unfettered occupation and use of portions of that land, could rely on such leave and licence as a defence...