Quamina Awortchie v. Cudjoe Eshon

(1872) Sar. F.C.L. 170

Before CHALMERS, Judicial 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 he would get back his money from the head of the family.

Interrogated: Whether any limit of time within which family 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 amount he had received.

NOTES:


1.) In order to obtain the consents required to alienate family land, a meeting of the principle members should be held.