EFFUAH AMISSAH V. EFFUAH KRABAH

EFFUAH AMISSAH

V

EFFUAH KRABAH AND OTHERS

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

THE 3RD DAY OF MARCH, 1936

PRIVY COUNCIL APPEAL NO. 136 OF 1931

2PLR/1936/7 (PC)

OTHER CITATION(S)

2PLR/1936/7 (PC)

(1936) P.C. 136

LEX (1936) — P. C. 136

BEFORE THEIR LORDSHIPS:

LORD ATKIN

LORD ALNESS

LORD MAUGHAM

BETWEEN:

EFFUAH AMISSAH — Appellant

AND

EFFUAH KRABAH (IN PLACE OF ABABAA ARADZIWAH) AND OTHERS — Respondents

ORIGINATING COURT(S)

FROM THE SUPREME COURT OF THE GOLD) COAST COLONY (FULL COURT)

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

CUSTOMARY LAW — PROOF OF:- Requirement that any asserted customary law be pleaded and proved — Judicial notice of customary law — When an option open to court — Relevant considerations \

CUSTOMARY LAW — LAND OWNERSHIP:- Fanti customary law that lands may be attached to the stool of an Ohene, or to the stool of a family; and there may be privately owned lands — Make up of a Fanti family — How determined

CUSTOMARY LAW — STOO:- Meaning and connotations of — State, town and family stools — Distinctions between — Occupant of a stool — How proved — Character and entitlements regarding land attached to the stool — Legal implication of destooling

FAMILY LAW — LAND:- Land belonging to a family — Suit relating thereto — How may be properly asserted as to be truly binding on all members of the family —  Judgment against some members of a family — Whether will constitute a res judicata against other members of the family or the a suit brought by the family as a whole in a representative capacity

PRACTICE AND PROCEDURE ISSUE(S)

JUDGMENT AND ORDER — RES JUDICATA:- What constitute res judicata against a family — Suit not properly brought in a representative capacity — Whether would suffice