Customer Support

ADONKWANTA STOOL
V.
MOTODUA STOOL AND KEANAE STOOL

(2015) JELR 64022 (CA)

Court of Appeal 21 Nov 2015 Ghana
BriefBot icon

BriefBot Summary

Free

- The case involves a dispute over traditional land boundaries between the Adonkwanta Stool, the Motodua Stool, and the Benkumhene of Krachi who occupied the Keanae Stool. - The Adonkwanta Stool claimed ownership of the disputed land, know

Case Details

Suit Number:CIVIL SUIT NO: H1/71/2014
Judges:M.OWUSU (J.A.) – PRESIDING, DORDZIE (J.A.), GYAN (J.A.)
Counsel:MR. J. H. SENOO FOR 2ND CLAIMANT/APPELLANT,EDORA B. DUODO WITH BASITA A. TAWIAH FOR THE 3RD CLAIMANT/RESPONDENT

JUDGMENT

MARIAMA OWUSU, J.A.:

JUDGMENT: The test for traditional history was laid down by the Privy Council in the case of ADJEIBI-KOJO v. BONSIE 3 [WALR] 257 when the Court held as follows;

“The most satisfactory method of testing traditional history is by examining it in the light of such more recent facts as can be established by evidence in order to establish which of the conflicting statements of tradition is more probably correct. Where there is a conflict of traditional history one side or the other must be mistaken, yet both may be honest in their beliefs, for honest mistakes may occur in the course of transmission of the traditions down the generations. In such circumstances, and particularly where Native Courts below have differed, an Appeal Court must review the evidence and draw their own inferences from the established facts: the demeanor of witnesses before the trial court is little guide to the truth”.

This case was cited with approval by our Supreme Court in the case of A…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.