ASANTE vs. BOGYABI AND OTHERS [1966]DLSC1657

Date	1966-03-14
Suit No.
Citation No.	[1966]DLSC1657

G. R. M. FRANCOIS FOR THE APPELLANT.

HAROLD DARKO FOR THE RESPONDENTS.

[1966]DLSC1657
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													<main id="main" class="content" style="min-height: 60rem" >ASANTE <o:p></o:p>vs. <o:p></o:p>BOGYABI AND OTHERS <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1966] GLR 232<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">

DATE:
14 MARCH 1966.<o:p></o:p>

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

G. R. M. FRANCOIS FOR THE APPELLANT.<o:p></o:p>

HAROLD DARKO FOR THE RESPONDENTS.<o:p></o:p>

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

SARKODEE-ADOO C.J., APALOO AND SIRIBOE
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SIRIBOE J.S.C.<o:p></o:p>This appeal
is from the judgment of Acolatse J. (as he then was) delivered in the High
Court, Accra, on 1 October 1962, and concerns a piece or parcel of land with
house No. G1 thereon situate at Kwabeng in Akim Abuakwa, and 21 cocoa farms,
full particulars or descriptions of which as to boundaries are set out in the
statement of claim and defence filed.<o:p></o:p><o:p>&nbsp;</o:p>By that
judgment, the learned judge dismissed the claim of the plaintiff-appellant
(hereinafter referred to as the plaintiff) for a declaration of title to the
house and farms in question, together with £G500 damages for trespass, and an
injunction to restrain the defendants-respondents (hereinafter referred to as
the defendants) respectively and their agents from interfering with his
possession and enjoyment as beneficial owner of the said properties. Instead,
there was judgment entered for the first, second, third and fourth defendants
on their counterclaim for title to the said properties as being the properties
of the Aduana family of which the plaintiff and the first four defendants are
members, the remaining three defendants were the children of some of the male
members of the family.<o:p></o:p><o:p>&nbsp;</o:p>It is
appropriate to mention at this stage that as disclosed by the evidence, the
Aduana family own the Mankrado stool, and that the person appointed to occupy
the stool automatically becomes the head of the family. Apart from one house
(which does not form part of the subject-matter in dispute), the Mankrado stool
as admitted by the parties, has no property of its own. Members of the family
who are appointed to occupy the stool retain their own self-acquired properties
whether they vacate the stool by abdicating, or through the process of
destoolment, or death.<o:p></o:p><o:p>&nbsp;</o:p>The
present dispute arose as a result of the death of one Kwaku Tenkorang, a member
of the family who was the Mankrado until his death some time in 1951.
Tenkorang’s only brother of the full blood one Tawoo, predeceased him in the
year 1914, so that by the death of Tenkorang, their immediate line became
extinct, they being the only issue of their deceased mother one Yaa
Tenkorangmaa. The latter was a cousin to both the mother of the plaintiff
called Kesewa, still alive, and Nyarkoa (deceased), the mother of the first and
fourth defendants. The second defendant is the direct maternal nephew of the
first and fourth defendants. As to the third defendant, the evidence does not
state exactly how he is related to the others.<o:p></o:p><o:p>&nbsp;</o:p>The case
for the plaintiff is that the house in question was the self-acquired property
of his uncle Tawoo who made a customary gift of it to him in the year 1914 at a
time when the plaintiff was attending the Abetifi Training College and that it
was the plaintiff’s mother Kesewa, the plaintiff’s ninth witness, who paid the
aseda of ten shillings and six pence on his behalf at the time the gift was
made in the presence of people, both outsiders and members of the family, some
of whom are dead.<o:p></o:p><o:p>&nbsp;</o:p>In
addition to the house, Tawoo also gave him his Raleigh bicycle and five of his
cocoa farms which he cultivated jointly with Tenkorang. All this, according to
the plaintiff, happened before Tawoo’s death some time in the year 1914.
Tenkorang, the plaintiff went on, looked after the house for him until the year
1919, when he wanted to transact business with it, and so it became necessary
for exhibit H (the deed of gift) to be prepared by Tenkorang for him. Apart
from occupying the house and controlling it as his property, the plaintiff has
since the gift improved upon it, and has also acquired a piece of land abutting
the house on which he has erected a £G17,000 concrete storey building.<o:p></o:p>