Chief Yaw Nimo V. Chief Kwaku Wuo (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

[Delivered by LORD RUSSELL OF KILLOWEN]

Facts

The question for determination in this appeal is the ownership of an area of land in Kumasi Division (Kumasi State) of the Crown Colony of Ashanti. The land stretches about two miles from North to South with a width of from a mile to a mile and a half from East to West, and is shown on the map Exhibit ” L ” as bounded- on the West by a river or stream called Ahiresu, its other boundary lines being shown by a yellow border. This land is hereafter referred to as ” the land now in question.”

The appellant is the Chief of Donyina and claims that the land is attached to the Stool upon which he sits,. The respondent ir; the Chief of Nyamiani and claims that the land is attached to the Stool upon which he sits. They will be alluded to as the appellant and respondent.

Held

The land now in question is part of a large area known as Eyim Kwayem which many years ago had been acquired by conquest from a chief named Dapoa in a war between him and the Chiefs of Ejisu, Donyina, Nyamiani and Kwarso. The land was portioned out among the conquerors, but, as might be anticipated, disputes have rid infrequently arisen as to boundaries. In or about 190-7 such a dispute arose between Ejisu on the one hand and Donyina and Nyamiani on the other, owing to alleged trespasses by Ejisu which extended beyond the Eastern portion of Kyim Kwayem which had’ been allotted to Ejisu and far beyond it into those portions which had been allotted to Donyina and Nyamiani respectively.