Agbo Kofi V. Addo Kofi (1933)

LawGlobal Hub Judgment Report – West African Court of Appeal

Native Customary Law—Pledge of land on sale -thereof—Lapse of time no bar to recovery of land pledged in accordance with native customary law—Concurrent findings of fact in a Native Tribunal and a Provincial Commissioner’s Court.

Facts

In or about the year 1869 A’s ancestor pledged certain lands known as the Dove lands with B’s ancestor as security for the sum of 6s. 6d.

Held

That A, was entitled to recover those lands on repayment of the 6s. 6d. notwithstanding the long continued possession of B and his ancestors and the lapse of time. Held also that concurrent findings of fact in a Native Tribunal and a Provincial Commissioner’s Court, where there is sufficient evidence to support them, should not be disturbed.

I concur with so much of these judgements as dismisses the appeal with costs assessed at the sum of £21 5s. 6d