Isaac Cobblah Fiscian As Head Of Aruna Family V. Henry Asumah Kwaku Nelson & Anor (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Declaration of Title—Laclses and acquiescence—Thirty years possession ofdefendant—Expenditure on land by defendant—Gold Coast Courts Ordinance,section 74—Title by prescription—Native Customary Law.

Facts

On a claim by the appellant for a declaration of title, he admitted possession by first respondent from 1915 to 1945 during which period first respondent had erected cement dwelling-houses. The appellant contended that he had from the outset challenged the first respondent’s right to build on or be in possession of the land but the trial Judge found against this contention and refused to grant a declaration.

Held

On appeal, following the Full Court in the Bokitsi Concession Enquiry (1902, Renner, 239) that the trial Judge had rightly exercised the equitable jurisdiction conferred on him by section 74 of the Gold Coast Courts Ordinance, and had rightly held the respondents had proved a possessory title.

Appeal dismissed.