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AKOFI
V.
WIRESI AND ABAGYA.

(1957) JELR 115137 (WACA)

West Africa Court of Appeal 27 Feb 1957 Ghana
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- Plaintiff, representing tenant farmers (strangers to the Odoben Stool), sought a declaration that only a one-third share (abusa) of farm produce was due the defendant-stool landlord per the original customary tenure, and an injunction res

Case Details

Suit Number:2 WALR 257-261
Judges:Coussey P., Korsah C.J., Verity Ag.J.A.
Counsel:Blay for the plaintiff. E. O. Asafu-Adjaye for the defendants.

COUSSEY P: This is an appeal from a judgment of the Land Court, Cape Coast, affirming a decision of the Ajumako Native Court " B " of Ajumako in the Western Province, allowing the plaintiff's claim for a declaration that the defendant was entitled to exact from the farming tenants on whose behalf the plaintiff sued, being strangers to the defendant's stool, a fixed share or part amounting to one-third only, known as abusa, of the fruits of farms cultivated by such farmers on the Odoben Stool lands. The plaintiff also sought for and was granted an order restraining the defendant from demanding from such farmers possession of one-half of such farms, by division, in contravention of the original agreement between the said farmers and the defendant's stool and in contravention of the native customary law, and an order that the defendant should execute a document setting out the agreement between the parties in terms of the plaintiff's claim.

It is a common form of tenure throughout the cou…

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