CHIEF YAW NIMO V. CHIEF KWAKU WUO

POLICY AND PRACTICE LAW REPORTS, 2PLR

Search

Search

–

CHIEF YAW NIMO

V.

CHIEF KWAKU WUO

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

THE 25TH DAY OF FEBRUARY, 1943

PRIVY COUNCIL APPEAL NO. 12 OF 1941

2PLR/1943/54 (P.C.)

–

OTHER CITATION(S)

2PLR/1943/54 (P.C.)

(1943) P.C. 12

(1943) IX WACA PP. 1 – 7

LEX (1941) – P.C. 12

–

BEFORE THEIR LORDSHIPS:

LORD ATKIN

LORD RUSSELL OF KILLOWEN

LORD PORTER

SIR GEORGE RANKIN

SIR MADHAVAN NAIR

–

BETWEEN:

CHIEF YAW NIMO – Appellant

AND

CHIEF KWAKU WUO – Respondent

–

ORIGINATING COURT(S)

FROM THE WEST AFRICAN COURT OF APPEAL

–

CASE SUMMARY

ORIGINATING FACTS

The question for determination in the concerned the ownership of an area of land in Kumasi Division (Kumasi State) of the Crown Colony of Ashanti. The appellant, Chief of Donyina, claimed that the land was attached as part of his Stool land. The respondent, the Chief of Nyamiani, asserted the contrary claiming it was part of his own Stool.

–

DECISION(S) APPEALED AGAINST

Court “B” adopted the “findings” of the viewers, and relied on statements in the report that two people had sworn the Great Oath “that the land in dispute does not belong to the plaintiff, but that they have boundaries with the defendant, but the plaintiff did not respond to the Oath.”

Court “A” upon a consideration of the evidence adduced before Court “B” and having heard further evidence (including that of the representative of Ejisu) held that the land was the property of the appellant.

On appeal the Assistant Chief Commissioner, after hearing further evidence and with the assistance of Map “L” came to the conclusion that the land in question belonged to the appellant.

The West African Court of Appeal reversed that decision hence the further appeal to the Privy Council.

–

DECISION OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

Held:- The decisions adverse to the appellant have their Lordships think been based upon a misreading of Plan “C”, and with this vital flaw in their foundation they cannot stand.

–

DOWNLOAD PREMIUM PDF COPY (N2,000)

READ MORE

JUDGMENTS BY AREAS OF PRACTICE

JUDGMENTS BY PRACTICE/PROCEDURE ISSUES