FORDJOUR vs. KUSI AND OTHERS [1962]DLHC1439

Date	1962-04-04
Suit No.
Citation No.	[1962]DLHC1439

DJABANOR J.

D. S. EFFAH FOR T. A. TOTOE FOR THE DEFENDANTS-APPELLANTS.

N.Y.B. ADADE FOR K.A. T. AMANKWA FOR THE PLAINTIFF-RESPONDENT.

[1962]DLHC1439
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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">FORDJOUR<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">&nbsp;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">KUSI AND OTHERS <o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p>[1962] 1 GLR 222<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"> 4TH APRIL, 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">

D.
S. EFFAH FOR T. A. TOTOE FOR THE DEFENDANTS-APPELLANTS.<o:p></o:p>

N.Y.B.
ADADE FOR K.A. T. AMANKWA FOR THE PLAINTIFF-RESPONDENT.<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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF
DJABANOR J.<o:p></o:p>This is an appeal from the judgment of the Amansie Local Court,
Bekwai, dated the 31st May, 1961. The facts are straightforward. When the late
Kofi Karma died some four or so years ago the family met and appointed the
first defendant his successor and gave him five out of the deceased’s six
farms. At the same family meeting the plaintiff was also given one of the
deceased’s farms called Number One. This was not an outright gift to the
plaintiff. The farm was given to him, at the best, for his life-time. According
to the plaintiff he was given the farm in order that he might pour libation on
the stool he was occupying and to buy drink for festivals. The defendants,
however, contend that the plaintiff was given the farm with the condition that he
would remove from Awisa to stay at Subriso, and also look after the rest of the
family with the proceeds of the farm. Both the first defendant and the
plaintiff stamped their gift with £G4 7s. as custom demanded. A few years later
it was found that the plaintiff had mortgaged the farm given to him. The
youngmen in the family complained to the then Akwamuhene, who looked into the
matter, found the plaintiff “guilty” and warned him. Not very long after this
the defendants alleged that the plaintiff again mortgaged, or attempted to
mortgage, the said farm. When they heard of it they wrote a letter (put in
evidence) to the plaintiff informing him that because of his conduct the said
farm had been taken from him and that he was not to enter same again. A copy of
this letter was sent to the ex-Akwamuhene. The plaintiff therefore brought this
action claiming:<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">“1. That the plaintiff is the head of the defendants’ family.<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">2. That the late Kofi Karma was a brother to the plaintiff, and
the defendants are all members of the plaintiff ‘s family. <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">3. That the said Kofi Karma died about four years ago and left
behind him six cocoa farms for the family.<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">4. That the plaintiff being the head of the family was given one
of the cocoa farms by the family with the unanimous agreement of all the
defendants, and five remaining farms were also given to the first defendant to
use the proceeds for the maintenance of the whole family. <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">5. That the one cocoa farm to the plaintiff was given on the
condition that the plaintiff should use the proceeds to buy drinks for libation
for all festivals. THE PLAINTIFF’S CLAIM The plaintiff therefore claims from
the defendants jointly an severally to assign reason or reasons why the
defendants have deprived the plaintiff from the ownership of one cocoa farm
situate lying and being on the land commonly known and called ‘Number One’ on
the Assechere stool land bounded by the properties of Kojo Fordjuor, Abena
Buabin and Kwaku Addae, being the estate of Kofi Karma which was inherited by
the plaintiff. The plaintiff also claims for the title and ownership of the
cocoa farm . . .”<o:p></o:p><o:p>&nbsp;</o:p>The first point that the local court should have resolved was the
nature of the gift to the plaintiff. There is no doubt that the local court
found that the gift was made at a family meeting and that it was stamped with
drink and that it was valid. But the point of the defendants was that it was a
gift subject to a condition, namely the condition that the plaintiff was to use
the proceeds of the cocoa farm in settling disputes in the family, and in
looking after the family, and also that he would remove from Awisa to live at
Subriso. If it found that there was a condition attached to the gift the court
should then consider whether that condition had been broken by the plaintiff. But
this omission on the part of the trial court is not fatal, for the defendants
purported to remove the plaintiff from the farm for a different reason — that
the farm was in danger of being lost to the family.<o:p></o:p><o:p>&nbsp;</o:p>