Ratio Decidendi



NII AMON KOTEI
V.
ASERE STOOL

(1961) JELR 63742 (PC)    
Privy Council  ·  24 Jul 1961 ·  Ghana
 · 
Other Citations
[1961] GLR 492
[1961] 1 GLR 492 - 496
CORAM
LORD DENNING LORD MORRIS OF BORTH-Y-GEST AND THE RT. HON. MR. L.M.D. DE SILVA

Ratio Decidendi

Core Terms Beta
nikoi olai family
asere stool land
west african court of appeal
acres of land
rights of the asere stool
earlier case
part of these mukose lands
possession of seven-eighths of the area
subjects of the asere stool
lordships
family lands
paramount title of the asere stool
piece of land
mr. davies
use of the land
determinations of law
first point
present case jackson
asere mantse
sufficient evidence
absolute owners of the mukose lands
jackson
rival claimants
evidence
wireless station
recent years
decision of jackson
present case
mr. dingle foot
right of the plaintiffs
usufructuary right of a subject of the stool
seven-eights of the area of the land
consent of the paramount stool
native law
president of ghana
compensation
possession of such lands
asere stool lands
costs of this appeal
rights
strangers
nikoi okai family
original founders of the village of mukose
case
necessary finding
circumstances
rights of the parties
tolls
great deal of evidence

LORD DENNING:

The first point to be considered is whether the Nikoi Olai family are entitled to these 900 acres of land as their ancestral property or whether it is Asere stool land. Upon this point the Nikoi Olai family relied greatly upon an earlier case decided in 1948 by the same judge, Jackson, J. It was a case where a piece of land was required for a wireless station. It was part of these Mukose lands. The government had acquired it. The compensation had been assessed by Korsah, J. But the question was: to whom was the compensation payable? The rival claimants were the Nikoi Olai family and the Asere Mantse. Jackson, J. held that the Nikoi Olai family were the parties in possession of seven-eighths of the area as the owners thereof and, as such, were entitled to receive compensation for seven-eights of the area of the land; but that in respect of the remaining one-eighth the Asere Mantse was entitled to receive compensation for that portion. The Nikoi Olai family asserted before …

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