AKOFI V. WIRESI AND ABAGYA.

COUSSEY P: This is an appeal from a judgment of the Land Court, Cape Coast, affirming a decision of the Ajumako Native Court " B " of Ajumako in the Western Province, allowing the plaintiff's claim for a declaration that the defendant was entitled to exact from the farming tenants on whose behalf the plaintiff sued, being strangers to the defendant's stool, a fixed share or part amounting to one-third only, known as abusa, of the fruits of farms cultivated by such farmers on the Odoben Stool lands. The plaintiff also sought for and was granted an order restraining the defendant from demanding from such farmers possession of one-half of such farms, by division, in contravention of the original agreement between the said farmers and the defendant's stool and in contravention of the native customary law, and an order that the defendant should execute a document setting out the agreement between the parties in terms of the plaintiff's claim.

It is a common form of tenure throughout the cou…