ADDAI v. BONSU II

JUDGMENT OF VAN LARE J.S.C.

He delivered the judgment of the court. The plaintiff bought the cocoa farm, the subject-matter in dispute in this case, from one Hamidu Yadiga, the successor of one Salifu Moshie, who was during his lifetime the chief or headman of the Zongo community at Kenyasi. Salifu Moshie, the predecessor of Hamidu Yadiga, obtained a grant of a piece of Kenyasi stool land upon which he cultivated this cocoa farm being at Kenyasi No. 1, on land commonly known and called "Afrikyire” otherwise known as "Abukoroso”.

It will appear that, as might be expected, some members of the Zongo community voluntarily assisted in the cultivation of the farm for their headman but for all practical purposes it was known to be the self-acquired property of the headman, Salifu Moshie, who during his lifetime enjoyed it as such and paid yearly tributes to the defendant stool. After the death of Salifu Moshie the Zongo community elected one Tahiri Moshie to the headship of the Zongo community of Kenyasi and it is not in dispute that Hamidu Yadiga, Salifu's maternal brother, succeeded Salifu as to his self-acquired property.

In order to test whether the cocoa farm in dispute in this case and another farm at Maaso believed to have been cultivated by the Zongo community for the late Salifu Moshie were or were not attached to the office of the headship of the Zongo community of Kenyasi, the new headman, Tahiri Moshie, instituted an action against Hamidu Yadiga and [p.275] some others claiming a declaration of title that as headman of the Zongo community of Kenyasi he was the owner of the two farms concerned, including the one in dispute in this case. The matter went before the Ahafo Native Court which delivered its judgment on the 16 May, 1955, whereby it was decreed that the farm, subject-matter in this case, be divided into two equal parts, Tahiri Moshie was to take one half and Hamidu Yadiga the other half. Thus by the judgment of the court, Hamidu Yadiga became entitled to an estate in the disputed farm, and which estate he could properly alienate.

It does appear that Hamidu Yadiga on the 15th May, 1955, that is on the eve of the judgment of the Ahafo Native Court which declared his said estate, by deed of conveyance sold and conveyed his interest in the disputed farm to the plaintiff in this case. We think notwithstanding the nature of the interest which Hamidu purported to have conveyed to the plaintiff he could not in law convey more than the estate of