Customer Support

KWAMI
V.
PARKINSON HOWARD LTD. AND ANOTHER

(1960) JELR 67506 (SC)

Supreme Court 25 Mar 1960 Ghana
BriefBot icon

BriefBot Summary

Free

- The case concerned a dispute over customary tenure of land in Ghana, with the plaintiff relying on his customary interest and the defendant, a corporate entity, tracing title through the Manya Krobo State Council. - Section 87(1) of the C

Case Details

Judges:OLLENNU J.
Counsel:PUPLAMPU FOR PLAINTIFF; SAMPSON FOR DEFENDANT.
Other Citations:[1960] GLR 60, [1960] GLR 60 - 66

JUDGMENT

OLLENNU J.

By section 87 (1) of the Courts Ordinance in all suits between Africans or persons of African descent, or between persons of African descent on one hand and persons not of African descent on the other, and particularly where the suit relates to the tenure and transfer of real property, customary law is deemed to be the law applicable for the determination of the suit, unless the contrary is shown. In the instant case, therefore, between Africans or persons of African descent on one hand and persons who are not Africans or of African descent on the other hand, customary law is the law deemed to be applicable. The pleadings filed in the suit, far from showing that law other than customary law is that applicable, make it abundantly clear that the plaintiff bases his claim upon his customary tenure of the land in dispute, while the defendant (a corporate body) depends upon the customary title of the third party, namely the Manya Krobo State Council.

Section 24 (4) of the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.