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J. K. Q. ARYEH AND OTHERS
V.
MALAM DAWUDA OF FEOYOH AND ANOTHER
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, GOLD COAST
23RD DAY OF MAY, 1944
2PLR/1944/6 (WACA)
OTHER CITATION(S)
2PLR/1944/6 (WACA)
(1944) X WACA PP. 188 – 189
LEX (1994) – WACA PP. 188 – 189
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
DOORLY, AG. C.J., GOLD COAST
M’CARTHY, J.
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BETWEEN:
1. J. K. Q. ARYEH,
2. D. S. QUARCOOPOME,
2. J. A. LAMPTEY,
3. A. A. S. WILLIAMS,
4. A. D. ANKRAH,
5. F. W. AMARTEIFIO
6. DELPHINA OCQUAYE
[FOR AND ON BEHALF OF THEMSELVES AND AS REPRESENTING THE DIRECT DESCENDANTS OF MANCHE ANKRAH] — Plaintiffs-Appellants
AND
1. MALAM DAWUDA OF FEOYOH — Defendant-Respondent
2. M. D. A. ANKRAH FOR AND ON BEHALF OF NEE ANKRAH FAMILY AND GILBERT EMMANUEL ALLOTEY — Co-Defendants-Respondents
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REPRESENTATION
J. Sarkodee Adoo — for Appellants
K. A. Bossman — for Respondents
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CUSTOMARY LAW AND PRACTICE:- Ordinary rule of native customary law as to descent of property through the female line – When would be deemed to be prima facie applicable to a case – Where no sufficient evidence has been adduced to show that any other method of descent applied – Proper order for court to make
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CASE SUMMARY
Descent of property under native customary law-Presumption.
Plaintiffs sued claiming a declaration of title to land, damages for trespass, and an injunction; the trial Judge held that they had failed to prove their case; so they appealed.
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held (dismissing the appeal):
that the ordinary rule of native customary law as to descent through the female line applied as no sufficient evidence had been adduced to show that the case was governed by another rule.
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MAIN JUDGMENT
Appeal by Plaintiffs.
The judgment of the Court was delivered by the President:-
The Plaintiffs’ amended claim in this case reads as follows:-
“The Plaintiffs claim –
(1) a declaration that they are in possession as owners of all that piece or parcel of land commonly called and known as Ahodome or Awudome situate lying and being at Accra;
(2) £20 Damages for trespass; and
(3) An Injunction restraining the Defendants, their Agents, Servants or representatives from entering upon, or in any way interfering with, the said land.”
The main claim is that the direct descendants of Manche Ankrah are entitled to exclusive ownership of the land in question, the descendants of Manche Ankrah’s uterine brothers having no rights in the land.
The learned trial Judge held that the Plaintiffs had failed to prove their case, thus, in effect, nonsuiting them. It is sufficient for the purpose of deciding this appeal to say that we entirely agree with this finding, and that we find no substance in any of the grounds of appeal. It is true that the actual ratio decidendi in the Court below is not very clear, but the ordinary rule of native customary law as to descent of property through the female line prima facie applies in this case, and in our opinion no sufficient evidence has been adduced to show that any other method of descent applied in this particular case. Hence we are satisfied that the learned trial Judge had no alternative but to nonsuit the Plaintiffs. The claims for damages and an injunction were dismissed and we concur with the Judge’s decision in this respect.
The appeal is dismissed with costs assessed at £43 7s. 6d.
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