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MECHANICAL LLOYD ASSEMBLY PLANT LTD
V.
NARTEY

(1985) JELR 66027 (CA)

Court of Appeal 31 Jul 1985 Ghana
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- The Court of Appeal held that Fafraha lands are Labadi stool lands, and only the La Mantse (stool head) had authority to grant valid title over such lands; grants by family heads alone (without the stool’s concurrence) are null and void.

Case Details

Judges:EDUSEI JA,EDWARD WIREDU JA,OSEI-HWERE J.A
Counsel:NII ODOI ANNAN (WITH HIM JOE REINDORF ADUMUA-BOSSMAN ZWENNES BANNERMAN-WILLIAMS AND GEORGE MENSAH) FOR THE APPELLANTS; E. D. KOM (WITH HIM M. K. AYISI) FOR THE RESPONDENT.

OSEI-HWERE J. A.

Inside the fork of the Accra-Aburi and Accra-Dodowa roads lies immediately a stretch of land called Fafraha which is so identified by a village of that name. The settlers at this village are natives of Labadi, more particularly of the Agbawe (or Agbahe) family. Fafraha is not the only village settled by this family. They are also settled at the nearby village of Adentan and control the Adentan land. In spite of this “diaspora” they firmly retain their umbilical cord with the Agbawe family at Labadi from which they sprung. These lands, without dispute, form part of what, in legal terminology, has come to be known as Labadi rural lands.

At the time that the events which culminated in the lawsuit now on appeal before us unfolded, Nii Okpoti Adjaye Commey (or Nii Adjaye Komey Okpoti, or whatever permutation you will) was decidedly the head of the Agbawe family at Fafraha. He also claimed the traditional status of “Mantse” of Fafraha. He gave evidence as the fifth plaintiff…

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