CHIEF KWAME ASANTE Vs. CHIEF KWAME TAWIA

JUDGEMENT

(1.) This appeal, which is brought from the West African Court of Appeal, relates to the ownership of a considerable tract of land in the Kumasi State or Division of Ashanti, which is claimed on the one hand by the appellant the Chief Kwame Asante Tredehene on behalf of his Stool and on the other by the Chief Kwame Tawia on behalf of the Asafu (or Akwamu) Stool of Kumasi. The latter Chief was in the course of the proceedings substituted for his predecessor Chief Asafu Boakyi II Akwamuhene, by whom in the year 1936 they had been commenced.

(2.) The dispute, since it related to the ownership of land in the Kumasi State of Ashanti, was properly and solely cognisable by a Native Court, the Asantebene's Divisional Court, a Court of the "B" Grade, which was constituted under the Native Courts (Ashanti) Ordinance 1935 and will be referred to as "Court B." This Court, in which the Chief Asafu preferred his claim, on 1 April 1936 decided in his favour against the appellant. After an unsuccessful appeal to Court "A" (also a Native Court established under the same Ordinance) the appellant appealed to the Chief Commissioner's Court which on 17 December 1936 sent back the case to Court B for rehearing.

(3.) On 1 July 1937 after a rehearing of the case Court B again decided in favour of Chief Asafu. The appellant appealed to Court A, which on 16 December 1937 dismissed his appeal; thence to the Chief Commissioner's Court which on 14 November 1939 dismissed his appeal, and finally to the West African Court of Appeal, which in turn on 22 November, 1940 dismissed his appeal.