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ASUON
V.
FAYA

(1961) JELR 65291 (HC)

High Court 21 Jun 1961 Ghana
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- This case involves a dispute over a cocoa farm in Kwaim, Ghana. - The defendant denies being the manager of the farm and claims that the land is owned by the stool of Nkuntanasi. - The central issue is whether the land is clan or stool la

Case Details

Judges:SOWAH J
Counsel:K. OFOSU-ASANTE FOR SAMPSON BAIDOO FOR THE PLAINTIFF ,I.K. ABBAN FOR R.J. HAYFRON-BENJAMIN FOR THE DEFENDANT

SOWAH J.

This action is one of many actions now pending before this court, sparked off by the enactment of the Administration of Lands Act, 1962 (Act 123) and the Rents (Stabilization) Act, 1962 (Act 109) as amended by the Rents (Stabilization) (Amendment) Act, 1963 (Act 168).

The plaintiff claims that the defendant is a person entrusted with the management of an old cocoa farm situate and lying at a place called Kwaim. The defendant denies that he is a manager of any farm belonging to the plaintiff and claims that the land occupied by him was a grant to his immediate predecessor on a customary tenancy basis known as abusa tenancy and further that his landlord is the occupant of the stool of Nkuntanasi, who is also the head of the Anona clan sometimes referred to as the Anona family. He further claims the subject-matter of the dispute as stool property within the meaning of the Administration of Lands Act, 1962.

I will say at once that there is no evidence before me that either the defen…

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