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EJISU STOOL
V.
ADDAI

(2021) JELR 109686 (SC)

Supreme Court 15 Dec 2021 Ghana
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- Supreme Court affirmed lower courts’ judgments recognising Defendant’s family’s usufructuary title to the disputed “Assia” lands, based on long, undisturbed possession and overt acts of ownership, in line with principles of customary land

Case Details

Suit Number:J4/32/2021
Judges:DOTSE JSC (PRESIDING) DORDZIE (MRS.) JSC OWUSU (MS.) JSC LOVELACE-JOHNSON (MS.) JSC KULENDI JSC
Counsel:ANNIS MOGHTAR MOHAYIDEEN ESQ. FOR THE PLAINTIFFS/APPELLANTS/APPELLANTS. FREDERICK YEBOAH AGYAKWA ESQ. FOR THE DEFENDANT/RESPONDENT/RESPONDENT

DOTSE JSC

The facts and the issues raised in this appeal admit of no controversy  whatsoever. This is an appeal by the Plaintiffs/Appellants/Appellants, hereafter referred  to as Plaintiffs against the judgment of the Court of Appeal dated 20th November 2020  which affirmed the judgment of the trial High Court, dated 30th January 2018.

MODES BY WHICH A STOOL, COMMUNITY ACQUIRES ABSOLUTE TITLE TO  LAND 

This was settled and stated clearly in the celebrated case of Ohimen v. Adjei 2 WALR  275 at 279, where the court stated the following as the principal methods by which a  stool acquires land: 

“There are four principal methods by which a stool acquires land, they are:  conquest and subsequent settlement thereon and cultivation by subjects of  the stool, discovery by hunters or pioneers of the stool of unoccupied  land and subsequent settlement thereon and use thereof by the stool  and its subjects; gift by the stool, purchase by the stool. Each of these  methods involves either the sacrifi…

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