BENSON J. This case originated in the Native Court of Offinsu which found in favour of the defendants, now the appellants. The judgment of the court of first instance was reversed by a unanimous decision of the Asantehene' s Court “A.” The case for the plaintiff is that the farm in dispute belongs to him by right of succession from one Kwame Nuro deceased.. The case for the defendants is that the farm was given by the late Kwame Nuro in his lifetime to the Nsenia Stool. The second defendant is the present Nseniahene : the first defendant occupies the farm by his authority, as caretaker.
The court of first instance held that there was a valid gift according to native custom to the Nsenia Stool. The Asantehene’s Court on appeal reversed this finding apparently for two reasons: that the weight of evidence was in favour of the plaintiff and that the evidence of the second defendant should have included the production of the inventory of stool properties handed over to the stool at the time…