[1973]DLCA2353 • April 9, 1973 • Court of Appeal
ADJOWEI, vs. YIADOM III AND OTHERS
The appellant, representing a syndicate of Ningo and Shai farmers, claimed title to two parcels of land in Ashanti, purchased from the Asankare stool. The syndicate was invited by the stool's odikro, Nana Kwame Arku, to buy land to satisfy a judgment debt. The parties inspected and demarcated the land, paid sums including an initial £45 to lift an execution, and performed customary ceremonies including libation and sheep slaughter. The syndicate settled and farmed the land. The stool later allocated parts of the land to others, denying any sale and claiming the land was only granted as abusa tenancy. The High Court dismissed the claim for title, finding the customary formalities for sale were not met, particularly the absence of independent witnesses and the validity of the guaha custom in Ashanti.
read moreThis is an appeal from the judgment of the High Court, Kumasi, in which the court dismissed the claim for a declaration of’ title to the two parcels of land described in the writ of summons. The plaintiff instituted his action in a representative capacity as the leader of a group of Ningo and Shai farmers who joined together to form a company or syndicate with the purpose of purchasing farm land. Some of the original members were dead at the time of the action; the plaintiff was the successor of his late father Kommey Teikutey, the leader of the original group. It is the usual practice of such groups on the death of a member, for his successor at law to be substituted as a member; it is in accordance with this practice that the plaintiff became the leader of the group following the death of his father. The case of the syndicate was that members of the original group left their native Ningo and Shai towns and were prospecting for good farming land in Ashanti, when they were invited.....