NSIAH
V.
DONKOR AND OTHERS

(1962) JELR 63655 (HC)    
High Court  ·  31 Jan 1962 ·  Ghana
 · 
Other Citations
[1962] 1 GLR 36
CORAM
DJABANOR J.
Core Terms Beta
plaintiff
stool
first defendant
farms
stool property
evidence
local court magistrate
appeal
cocoa farms
third defendant
family property
family property of hemeng
law
local court
male member of the stool family
moral duty
private property
property of hemeng
queenmother of new juaben
yaw hemeng
apagya stool land
brother kwaku donkor
consent of first defendant
first witness
following statement of the law
general rule
great importance
grounds of appeal
hemeng’s occupancy
important issue
knowledge of the elders of the stool
last year
latest authority
learned trial judge
male member
nephew of first defendant
number of farms
occupant of such stool
overlord of the bomso stool
present case
private business
private family property
request of the first defendant
respect of those farms
respondent’s counsel
said farm
said lands
stool family
stool grandson
such time

DJABANOR J.: This is an appeal from the decision of Kumasi West Local Court at Akropong. The facts have been stated by the local court magistrate in his judgment as follows:

“One Yaw Hemeng a stool grandson was requested by the stool family to occupy the stool till such time as a male member of the stool family comes of age. Hemeng occupied the stool and on his death his brother Kwaku Donkor, the first defendant, succeeded him. Kwaku Donkor was on the stool for about 20 years when he abdicated because he was blind. At the time, Niamoah’s family had had a male member who was old enough to occupy the stool and this is the plaintiff. The first defendant therefore handed over the stool to the plaintiff in the presence of the Asokwahene, the first witness to plaintiff who is the overlord of the Bomso Stool. During Hemeng’s occupancy of the stool, he cultivated two cocoa farms, one on Apagya stool land and another on Nwabi stool land. He also cultivated a number of farms on Bomso stool land,…

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