ENIMIL AND OTHERS V. TUAKYI AND ANOTHER

POLICY AND PRACTICE LAW REPORTS, 2PLR

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KWESI ENIMIL AND OTHERS

V.

KWESI TUAKYI AND ANOTHER

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

15TH DAY OF JULY, 1952

PRIVY COUNCIL APPEAL NO. 49 OF 1950

2PLR/1952/21 (P.C)

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OTHER CITATION(S)

2PLR/1952/21 (P.C)

(1952) P. C. 49/1950

(1952) XII WACA PP. 10-15

LEX (1952) – XIII WACA 10 – 15

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BEFORE THEIR LORDSHIPS:

LORD PORTER,

LORD TUCKER,

LORD COREN

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BETWEEN:

KWESI ENIMIL AND OTHERS – Appellants

AND

KWESI TUAKYI AND ANOTHER – Respondents

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ORIGINATING COURT(S)

Appeal from the West African Court of Appeal, W.A.C.A. (Civil Appeal No. 56/49)

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

REAL ESTATE AND PROPERTY LAW:- Possession or occupation of land – Judgment against claimant that he is liable to pay tribute to one of those against whom he claims such possession or occupation – Term “owner” – Distinction between its strict and loose sense in West Africa – Legal effect

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DECISION(S) OF THE PRIVY COUNCIL

Held that:

1.     A judgment against a claimant to possession or occupation of land that he is liable to pay tribute in respect of such land is no bar to a claim to possession or occupation.

2.    the word “owner” is frequently used loosely in West Africa and is not necessarily to be construed in its strict legal sense.

Cases referred to:-

(1)      Chief Kobina Angu v. Kojo Attah, Privy Council Judgment, 23rd June, 1916.

(2)      Amodu Tijani v. Secretary, Southern Nigeria (1921), 2 A.C. 399 at page 404.

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