GHASSOUB AND GHASSOUB vs. SASRAKU [1961]DLHC5385

Date	1961-07-24
Suit No.
Citation No.	[1961]DLHC5385

LORD DENNING LORD MORRIS OF BORTH-Y-GEST

THE RT. HON. MR. L. M. D. DE SILVA

W. JAYAWARDENA AND MISS D. PHILLIPS FOR THE APPELLANTS.

H. V. A .FRANKLIN AND T. O. KELLOCK FOR THE DEFENDANT

[1961]DLHC5385
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">GHASSOUB AND GHASSOUB <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">SASRAKU<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[JUDICIAL COMMITTEE OF THE PRIVY COUNCIL]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

W.
JAYAWARDENA AND MISS D. PHILLIPS FOR THE APPELLANTS.<o:p></o:p>

H.
V. A .FRANKLIN AND T. O. KELLOCK FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

LORD DENNING LORD MORRIS OF
BORTH-Y-GEST, THE RT. HON. MR. L. M. D. DE SILVA<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
LORD MORRIS OF BORTH-Y-GEST<o:p></o:p>Lord Morris of Borth-y-Gest delivered the judgment of their
Lordships. This case concerns certain lands approximately eight square miles in
area which formed part of a much larger area of land in Chempaw. The original
plaintiff in the action sued as the head and representative of a family company
of Teshie people (hereinafter called the plaintiff family company) and claimed
that his family company had become the owners of the lands (the eight square
miles) in or about the year 1925. The original plaintiff died in the course of
the proceedings and the respondent was substituted in his place. The respondent
representing the plaintiff family company claimed that the lands (consisting of
three adjoining pieces of land) were sold by the stool of Chempaw. The stool of
Chempaw is a sub-stool to the Paramount Stool of Kokofu. Kokofu is within what
was, prior to 1957, the colony of Ashanti. The respondent (representing the
plaintiff company) further claimed that the sale had been with the knowledge
and consent of the Paramount Stool of Kokofu and that his family company had
been in possession ever since they had purchased.<o:p></o:p><o:p>&nbsp;</o:p>At the time when the plaintiff family company claimed to have
purchased the lands, the Omanhene of Kokofu was Nana Kofi Adu. But in the year
1951 he was destooled for selling lands. His successor, who was enstooled the
same year, was Nana Osei Assibey III. He gave evidence at the trial and said
that at the time of his enstoolment he was told that three pieces of land at
Chempaw had been sold. He had sent for the family company: they attended and
told him that they had bought the land by outright sale by guaha. In the course
of his evidence while referring to the destoolment of Nana Kofi Adu he also
said that “The Odikro of Chempaw was similarly destooled for selling stool
lands in collaboration with Nana Kofi Adu.”<o:p></o:p><o:p>&nbsp;</o:p>The action arose out of certain events which took place early in
1956. A member of the plaintiff family company who was a headman of a village
on the lands in question was working on his farm when he heard the noise of the
felling of trees. He went to investigate and saw a caterpillar-machine. It had,
he said, “cut a sway the right through from Chempaw over our boundary into our
land”. He said that they (the plaintiff family company) had kept the boundaries
of their land cut. He saw a young man with an axe cutting a mahogany tree.
Enquiries revealed that those who were engaged in the process of felling trees
(certain persons trading in partnership as Naja David Sawmill Company) were
doing so pursuant to rights which they claimed were given to them under a
timber felling agreement made by them with Nana Osei Assibey III and his
elders, representing the Kokofu State, on the 30th October, 1953. By that
agreement the Sawmill Company were to be entitled upon stipulated terms to cut
down certain prescribed numbers of trees of defined species during a certain
period. The trees could be felled within the area of Chempaw lands. That was an
area of approximately forty square miles which included the lands
(approximately eight square miles in area) which the plaintiff family company
claimed that they had. acquired in or about the year 1925. Not unnaturally the
plaintiff family company through their head and representative brought
proceedings to protect what they alleged were their rights. They claimed an
injunction to prevent the Sawmill Company from trespassing on their lands. The
Sawmill Company were not in a position either to admit or to deny that the
plaintiff family had acquired the lands which they claimed but put them to
strict proof that the land which they claimed was sold to them with the
knowledge and approval of the stool of Kokofu. As the Sawmill Company could
only rely upon the rights given to them by their agreement of the 30th October,
1953, the reasonable course was followed of joining Nana Osei Assibey III
(representing the stool of Kokofu) as a co-defendant. In the result the main
contestants were the plaintiff and the co-defendant.<o:p></o:p><o:p>&nbsp;</o:p>The claim which was pr</main>