LASSEY J.A.: This appeal concerns the application of a general rule of customary law. The relevant rule of the customary law is that unless a chief’s private property is earmarked when he ascends to the stool, it becomes mixed up with the stool property and cannot be recovered after death or on deposition. The principle of customary law was laid down long ago in the case of Antu v. Buedu (1929) F.C. ‘26-’29, 474 and is now subject to the qualification deducible from the recent decisions of the courts which is to the effect that if it can be proved by evidence that the new ascendant to the stool has by words or conduct indicated that he regards the property as privately owned, then the question of the ownership and right to possession of the particular property remains in the family of the stool occupant at death. In truth, the issue posed here is simply: what principle of customary law ought to govern the devolution of the properties in dispute?
The appeal was from the decision of a ci…