OKWAN AND OTHERS vs. AMANKWA

The plaintiff, suing as Chief of Brako and of the Kona family of Brako, claimed against the defendants an account of moneys collected from the sale of palm trees and from cocoa abusa tenants on Kona family lands in the Central Region, together with a perpetual injunction restraining further interference with the collection of such moneys. The plaintiff pleaded that as chief and custodian of the family lands he was entitled personally or through agents to collect abusa dues from tenants. The defendants admitted his status as chief and family member but denied his custodianship, contending instead that the first defendant, as head of the family, was by custom the custodian of the family lands and entitled to collect all dues. During the proceedings, the court as previously constituted ruled, and counsel agreed for purposes of the application, that the lands in issue were 'stool family lands.' Portion of judgment: “the court ruled that the lands concerned are stool family lands and consequently I proceed on that basis.”