Customer Support

KWAN
V.
NYIENI & ANOR.

(1959) JELR 67492 (SC)

Supreme Court 26 Feb 1959 Ghana
BriefBot icon

BriefBot Summary

Free

- The case is an appeal from a judgment delivered on 12th January, 1956 in the Land Court, Kumasi, regarding a suit initially instituted in Kumasi West District Court “B”, Goaso. - The case revolves around the issue of whether a family memb

Case Details

Judges:VAN LARE AG. C.J.,GRANVILLE SHARP J.A.,OLLENNU J.
Other Citations:[1959] GLR 67 - 74


VAN LARE, AG. C.J.: This is a judgment of the Court in the preparation of which we all have participated. The appeal is from a judgment of Benson J. delivered on the 12th January, 1956 in the Land Court, Kumasi, in a suit which had been instituted in Kumasi West District Court “B”, Goaso, and which was transferred to the said Land Court by Order dated the 12th July, 1955 made by the Land Judge, Kumasi.

(His lordship stated the facts, and proceeded):—

In our opinion a most significant inference to be drawn from the order of the Kumasi West District Court “B” is that Yaw Donkor, the caretaker of the family, should retain possession of the farms. It can also be inferred from that order, read together with the second order, that a declaration that the farms were not liable to be sold was clearly meant, though not specifically made. The reasons given by the Court for their order that the debt of £900 should be paid out of the proceeds of the farms show that the Court was doing justice in acc…

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.