ADONKWANTA STOOL vs. MOTODUA STOOL AND KEANAE STOOL

MARIAMA OWUSU, J.A.: JUDGMENT: The test for traditional history was laid down by the Privy Council in the case of ADJEIBI-KOJO v. BONSIE 3 [WALR] 257 when the Court held as follows; “The most satisfactory method of testing traditional history is by examining it in the light of such more recent facts as can be established by evidence in order to establish which of the conflicting statements of tradition is more probably correct. Where there is a conflict of traditional history one side or the other must be mistaken, yet both may be honest in their beliefs, for honest mistakes may occur in the course of transmission of the traditions down the generations. In such circumstances, and particularly where Native Courts below have differed, an Appeal Court must review the evidence and draw their own inferences from the established facts: the demeanor of witnesses before the trial court is little guide to the truth”. This case was cited with approval by our Supreme Court in the case o...