ADU V. KYEREME

EDWARD WIREDU J.A.: This appeal is from the judgment of the High Court, Sunyani dated 29 June 1962. By that judgment the court upheld a claim by the plaintiff for an order of possession of house No 85 NT 48, East Sunyani commonly described as Palm Hotel and also awarded him ¢500 damages for trespass against the defendant. The court dismissed the counterclaim by the defendant for both general and special damages against the plaintiff.

“24. (1) It shall not be lawful, without the consent of the State Council concerned, to alienate or pledge any stool property, and any instrument, and any transaction or agreement (whether in writing or not), which purports to effect any such alienation or pledge shall, in the absence of such consent, for all purposes be null and void.”

And finally, reference was made to the case of Establissement Maurel et Prom v. The Legal Adviser of the Gambia (1938) 4 W.A.C.A. 47 at 54 where Coote’s Law of Mortgage, Vol. 1 at p. 170 was quoted verbatim as: “Where a lea…