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GYIMAH
V.
KUMAH

(1959) JELR 69394 (HC)

High Court 20 Apr 1959 Ghana
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- This is an appeal from a judgment of the Kwahu Local Court declaring certain farms to be property of the plaintiff's family stool. - The plaintiff is the present occupant of the Siao Stool and the land on which the farms are situated belo

Case Details

Judges:OLLENNU J.
Counsel:OSEI TUTUT (HOLDING BOATENG’S BRIEF) FOR PLAINTIFF (GYIMAH) E; OBETSEBI-LAMPTEY FOR AKUFO-ADDO FOR DEFENDANT (KUMAH)
Other Citations:[1959] GLR 196, [1959] GLR 196 - 202, JELR 80570

OLLENNU J.

This is an appeal from a judgment of the Kwahu Local Court “A” given on the 12th August, 1958, declaring certain 10 farms to be property of the plaintiff’s family stool, the Siao Stool of Twenedurase.

The following facts are not in dispute:-

(i) the plaintiff is the present occupant of the Siao Stool;

(ii) the land on which the farms in dispute are situate, Kyikyiwah land, and the villages thereon, belonged to the said Siao, and are now property of the plaintiff’s stool;

(iii) the parents of the defendant (Kumah), Gyenyereh and Nyamewah, were not blood relations of the said Siao. They came from the former Northern Territories (now Northern Ghana), but they stood in a certain relationship to the said Siao, which was such that the defendant, their son, is now obsorbed into the Siao family, and is one of the elders of the family, and recognizes the plaintiff as his head of family;

(iv) the defendant, as a principal member of the said family, has twice been made lead of Besease villa…

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