AMEODA vs. PORDIER (CONSOLIDATED) [1962]DLHC1339

Date	1962-03-30
Suit No.
Citation No.	[1962]DLHC1339

OLLENNU J.

H.P. SWANIKER FOR THE PLAINTIFFS IN EACH OF THE SUITS.

E.K. NARTER-OLAGA FOR THE DEFENDANTS IN EACH OF THE SUITS.

[1962]DLHC1339
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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:#00B0F0">AMEODA <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:#00B0F0">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:#00B0F0">PORDIER (CONSOLIDATED)<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;[HIGH COURT, ACCRA]<o:p></o:p>[1962] 1 GLR 200<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<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:#00B0F0"> 30TH MARCH, 1962.<o:p></o:p>

</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">

H.P.
SWANIKER FOR THE PLAINTIFFS IN EACH OF THE SUITS.<o:p></o:p>

E.K.
NARTER-OLAGA FOR THE DEFENDANTS IN EACH OF THE SUITS.<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">

OLLENNU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OLLENNU,
J.<o:p></o:p>[His lordship summarised the point at issue as set out in the
headnote and continued:] The plaintiff led evidence that in the olden days, the
lands round Ningo were infested with dangerous wild beasts, and any Asafoatse
or hunter who was able to kill the wild beasts or animals over an area of land
settled thereon and became owner of the area he so occupied; that in that way
the different quarters or tribes of Ningo acquired the lands in Ningo and
became absolute owners thereof, and so there are no stool lands in Ningo, all
the lands are vested in the quarters or tribes absolutely. The plaintiff said
that the land in dispute was acquired by his ancestor, one Asafoatse Blebo, and
it therefore belongs exclusively to his family, and no subject of the Ningo
state who is not a member of his family could settle on or occupy portion of
the land without their prior consent or permission. Other witnesses supported
the evidence given by the plaintiff in that regard.<o:p></o:p><o:p>&nbsp;</o:p>It was submitted on behalf of the plaintiff that the evidence
established that there are no stool lands in Ningo, and for that matter there
are no stool lands in any Adangbe state. In support of that submission counsel
referred the court to pages 29-31 of the Report On Land Tenure In Customary Law
of the Non-Akan Areas of the Gold Coast Colony, Part I, Adangbe, by R.J.H.
Pogucki, then Assistant Commissioner of Lands. There the learned Commissioner
said, inter alia:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Although stools may be in existence among the Adangbe, there is
no evidence to show that there are any direct links between a stool and land,
nor is the existence of stool land claimed. But in one or two cases, on the
border of the Ga Federation the term ‘Stool-Land’ is used though examination
shows that it is a colloquial expression. There is no notion of a
personification of a stool for purposes of land owning, as sometimes
interpreted by the courts as regards Akan areas. There may be cases, admittedly
only isolated, of rights in land of a usufructuary nature having been granted
by kinship groups of pre-Adangbe origin to immigrant strangers selected as
war-leaders and their families. This was a logical step at a time when
pecuniary remuneration was largely unknown, although the need to provide for
maintenance of the war-leader and of his family was recognized. On no occasion
did allodial rights pass in those circumstances. But such rights as have passed
are not regarded as linked with the stool itself, but as belonging to the
kinship group founded by the original war-leader. There was no question of such
grants when the war-leader was chosen from among a group which already owned
land. There are however cases when the political chief, i.e. the previous
war-leader, is regarded as an agent in the matter of making grants of
unallocated land, acting for jointly land-owning kinship groups. This may be
understood if it is noted that such new grants almost invariably concern only
strangers and, that the political chief is regarded as the official
representative of the group in external dealings. It is in those cases that
sometimes the term ‘stool’ is colloquially used to denote who acts for the
joint owners. But even in such cases examination shows that consent to any
dealing must be obtained by the chief from those of the elders who are heads of
kinship groups which own the land, and that he cannot act in any independent
capacity. The proceeds of any such dealings are distributed among the true
owners, although there may be instances where the chief obtains a consideration
in the form of a special share, or where the land owners may decide to devote
the income from certain land to the maintenance of his office or of the
political organization (colloquially termed State-land).”<o:p></o:p><o:p>&nbsp;</o:p>Not being too certain of what the learned gentleman said the
sources of his information were, it is only fair to him that I should quote his
opinion without observation particularly as this is a judgment and not a
commentary. It appears to me, however, that the learned Commissioner was very
much influenced by the fact that parts of the Shai, Yilo and Manya-Krobo lands
were originally purchased by individual subjects of those states from the
Akwapims—the Larteh and Adukrom—and possibly he was also influenced by the Huzu
system which he later discussed in the same report.<o:p></o:p><o:p>&nbsp;</o:p>