Quamina Awortchie v. Cudjoe Eshon
(1872) Sar. F.C.L. 170
Before Chalmers, Judiclal Assessor.
March 17, 1872
[170]
Chiefs: When a man is head of the family and he has to sell land in case of
debt having arisen in the family, is it necessary that he inform the members of
the family and get their concurrence before the land could be sold?
If the purchaser know [sic] that the land he had to purchase was a family
land and the man from whom he was purchasing it was the head of that family,
he would not make the purchase from the head without requesting him to get
the concurrence of his family. And if he paid his money to the head of the family
without this, his money was considered lost, in respect he was fully aware that
the land was family land.
If he did not know it, it would be that he was a stranger, and e would get
back his money from the ehad of the family.
Interrogated: Whether any limit of time within which famikly must interpose
if they desire to set aside a sale?
There is no limitation of time_even after lapse of time.
Interrogated: How consent should be signified?
[171] It would be necessary for all the members of the family to meet and
discuss, and if there were land to be sold, all the members would meet and get
strangers to be witnesses, and family would concur for payment of the debt:
as many members as could be got should represent the family. When such a
meeting and discussion has once been had, it remains good; it would be proved
by the stranger who were witnesses.
Judgment
Sale set aside, and Quamin Tawiah, who sold the land, ordered to restore to
Quamina Awortchie 5 ozs., the amound he had received.
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