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BENIN V. ABABIO

(1957) JELR 82358 (CA)

Court of Appeal  •  28 Jan 1957  •  Ghana

Coram
Coussey P., Korsah C.J., Verity Ag.J.A

Appearances
E. O. Asafu-Adjaye for the plaintiff. Danquah for the defendant.

Judgement
<p style="text-align: justify;"><strong>COUSSEY P</strong>.: This action was instituted by the plaintiff in the Land Court, Ashanti, claiming that as an auction-purchaser at a sale in execution in the suit of Opanin Kwakyie Penkoro, Ex-Bankahene v. Nana Braka Ababio, Bankahene, he was entitled to possession of the land in the writ of summons described or, alternatively, to payment of customary tribute. By the defendant and all farmers cultivating the land in dispute with the leave and licence of the defendant.</p><p style="text-align: justify;">The defendant contended that the land in dispute was stool property and that the sale alleged by the plaintiff was null and void in that part of the debt for which the land was attached in execution was a stool debt incurred after the enactment of, and not in compliance with, the Stool Property Protection Ordinance, Ashanti, c. 101 of 1951 (formerly c. 22 of 1940), section 4 of which provides:</p><blockquote><p style="text-align: justify;">“ No Stool property shall be liable to be seized in execution at the suit of any person or shall be sold in execution of any pledge or mo…</p></blockquote>

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