ANSAH-ADDO AND OTHERS
V.
ADDO AND ANOTHER AND ANSAH-ADDO AND OTHERS
V.
ASANTE (CONSOLIDATED)

(1972) JELR 65756 (CA)    
Court of Appeal  ·  31 Jul 1972 ·  Ghana
 · 
Other Citations
[1972] 1 GLR 400
CORAM
APALOO JSC,BENTSI-ENCHILL J.S.C,KINGSLEY-NYINAH J.A.
Core Terms Beta
defendant
judgment
plaintiffs
claim
learned judge
suit no.
abraham asante
akwatia stool
mining revenues
lands department
local government ordinance
authority of the plaintiffs
evidence shows
minister of justice
plea of estoppel
akwatia local council
issue of estoppel
accounting party
african selection trust
akim abuakwa traditional area
beneficial enjoyment of these revenues
buying syndicates
confident conclusion
contractual share of these revenues
custodian of these sums
customary successors of the late charles addo
extent of the said land
great respect
hayfron-benjamin j.
head of the family
high court
judgment of february
large tract of land
leaders of the company of the purchasers
learned judge adverts
little doubt
members of the group
mr. e k. sekyi
original intention of the syndicates
real facts
reputed plaintiffs
respect of lands
result of the action
stool lands
stool of akwatia
substantial portion
syndicates’ suit
two-thirds of such revenues
view of the matter
whole award

APALOO J.S.C.: On or about 15 September 1928, six buying syndicates apparently originating from Akwapim, pooled their resources together and purchased a fairly large tract of land at a place called Kakoase in the Akim Abuakwa Traditional Area. The land was purchased from the stool of Akwatia. It seems the original intention of the syndicates was to farm on the land. This, however, did not materialise as the land or a substantial portion of it contained valuable minerals. Notwithstanding its earlier alienation to the syndicates, the Akwatia stool granted leases of portions of it to the Consolidated African Selection Trust (hereafter referred to as C.A.S.T.) for mining. Under the lease, “mining revenues” and royalties became due to the stool.

As is only to be expected, the syndicates asserted their right to the beneficial enjoyment of these revenues or at least to an aliquot part of them. This claim seems to have been conceded and some time in 1933, the syndicates and the Akwatia stool e…

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