ADOAKU v. NYAMALOR

JUDGMENT OF BLAY J.S.C.

This is an appeal from the judgment of the High Court, Accra, which reversed the judgment of the East Accra Local Court given in favour of the appellant. The appellant by his writ of summons issued in the local court, claimed a declaration of title to three pieces or parcels of land which he claimed the defendant, the respondent herein, had wrongfully entered upon. The three pieces or parcels of land were fully described in the said writ. The appellant's case was that he as head of Abafum quarter in Labadi, was the proper person to grant or alienate lands attached to the said quarter; that the respondent purporting to have received a grant from the Labadi chief, had entered upon the three pieces or parcels of land without his appellant's, consent or authority. He therefore claimed £G50 damages for trespass and an order of injunction restraining the respondent his representatives, agents and or servants from entering upon the said lands and in any manner interfering with his, the appellant's, rights thereon. The appellant in support of his claim gave evidence to the effect that Labadi was divided into seven quarters and each quarter had its "quarter lands" as well as "outskirts lands" adjoining the quarter, and that it is the head of the quarter who has the right to deal with the "outskirts lands" of the quarter. He then proceeded as follows:

"Anybody wanting a land has to approach the head of the particular quarters and if the land has not been allocated to anybody else, the head will give out the land to the party. The custom at Labadi is that the head of the quarters gives out land to people requiring portions. The Labadi Mantse never gives out land as the lands belong to various quarters."

Under cross-examination the appellant repeated the custom as stated above and went on to state that it was because the ex-chief tried to sell quarter lands, contrary to custom, that he was destooled. His evidence on this point was that, "The Mantse had no authority to give out any quarter land whether by purchase or gift. He tried to do this, and as this was an uncustomary practice, we destooled him."

The appellant next called five witnesses, some of whom were heads of quarters in Labadi, who all confirmed that the Labadi Mantse had no right to grant or sell quarter lands or "outskirts lands" attached to a quarter and that it was the head of a quarter who had the right and authority to do so. None of these witnesses was shaken in cross-exam