AMOAH II AND KWAKU v. TEI [1961]DLSC576

Date	1961-05-15
Suit No.
Citation No.	[1961]DLSC576

KORSAH JSC

D.J. JSC

VAN LARE JSC

AKIWUMI

JSC

G.D. AMPAW FOR THE APPELLANT.

NO APPEARANCE FOR THE RESPONDENT.

[1961]DLSC576
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&nbsp;[SUPREME COURT]

[1961] GLR 231

DATE: 15TH MAY, 1961.

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COUNSEL:&nbsp;&nbsp;

G.D.
AMPAW FOR THE APPELLANT.

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KORSAH, D.J., VAN LARE AND
AKIWUMI, JJ.S.C.

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&nbsp;

Van Lare, J.S.C. delivered the judgment of the court. [His
lordship referred to the facts and continued:] The sole point for decision in
this matter is whether or not the defendant was a squatter because he was said
to have trespassed upon an area allegedly in the occupation of the second
plaintiff. The claim reads as follows:

That the defendant had trespassed on the second plaintiff’s
portion of the land had not been established, and the first plaintiff had not
himself been to the area in dispute between the second plaintiff and the
defendant, and he had not yet decided the terms of tenancy of either the second
plaintiff or the defendant. In the circumstances there is little wonder that
the trial Native Court “A” at Asamankese resolved the issue in favour of the
defendant and dismissed the plaintiff’s action. The necessary part of their
judgment is as follows:

“It is evidently clear, that according to Akan custom, the 1st
plaintiff has not yet given an assent to a lawful occupation of the said land
at Bunso to either the 2nd plaintiff or the defendant. The 1st plaintiff could
not satisfy this native court as to how the 2nd plaintiff’s occupation of the
disputed land has been customarily assented to by the 1st plaintiff and the
elders of the Asamankese stool. In our opinion the 1st plaintiff in his
capacity as the virtual claimant of right title to the disputed land, being
property of the Asamankese stool, went wrong (sic) in holding that the
defendant was a squatter and a trespasser on the said land held by 2nd
plaintiff as an abusa tenant.”

In effect, since both the second plaintiff and the defendant had
attorned tenants to the first plaintiff, and the first plaintiff had agreed to
inspect the respective portions of the land occupied by both of them before
deciding the terms and nature of tenancy he would grant to them, this suit was
premature.

On appeal to the Akyem Abuakwa Native Court “A”, the judgment of
the trial native court was reversed in favour of the plaintiffs on no
justifiable ground, but on a further appeal, however, to the Land Court, Accra,
the learned judge, Sarkodee-Adoo, J., as he then was, rightly reversed the
obviously wrong decision of the Akyem Abuakwa Native Court “A” and in restoring
the decision of the trial native court expressed the opinion that the action
was premature as both the second plaintiff and the defendant were in the same
class of interest with respect to the land, the subject-matter of the suit.

We agree with the judge of the Land Court, Accra, that the action
was misconceived and therefore properly dismissed by the trial Native Court “A”
at Asamankese.

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