DONKOR V. ASARE AND OTHERS

OLLENNU J.: (His lordship referred to the facts and continued).

The occupant of a stool and the traditional elders of the stool are the repositories of the tradition and customary law of their state; it is therefore expected that they should always act in conformity with the customary law. Again, apart altogether from being an occupant of a stool, Nana Kwadade II, known in his private capacity as Mr. Ofei Awere, was, before his enstoolment, an outstanding legal practitioner with considerable knowledge and experience of the customary law. It is not surprising therefore, that when the defendants, subjects of the stool, approached Nana Kwadade II and his elders for a grant of a portion of the stool land, the Omanhene and his elders i.e. the stool, did not by-pass the family in possession of the land to make the grant, but rather, that they in turn applied to the family to make the grant direct to the defendants; this step taken by Nana Kwadade II and his elders is in conformity with the c…