1951
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court litigation revolved around a 1947 Timber Concession lease disputed by Hima Dekyi XII, who claimed overlordship and demanded inclusion in the grant. His claim was based on a 1936 Judicial Committee judgment, upheld by the Supreme Court, recognizing his overlordship over Lower Dixcove lands. The court ruled that the overlordship necessitated his consent and should include him as a grantor for the concession. The long-standing principle that overlord consent is mandatory for valid land leasing was affirmed, aligning with customary laws and the Judiciary's prior findings.
Judgment:
On the 24th of February, 1947, a lease of certain land situate at and lying around Akwidaa-Ntaakrome Chebeni and Breman in Busua and Lower Dixcove States, Ahanta-Nzima Districts was granted as a Timber Concession to the Guinea Timber Explorers acting by its Manager Joseph Annum Essuman, by Chief Akolu Numa, Chief of Akwadaa Division together with Odikro Edu of Nwolekrome and Elders and Councillors of the Stool of Akwadaa, Omanhene Baidoo Bonso XII, Omanhene of Bushua-Ahanta as confirming party, by Odikro Breku Nta, Odikro Essuah Kojoe both of Ntakrome, Odikro Sebbeh of Kubekur, Odikro Bueh of Kuekrome, Odikro Kweku Ntarmah of Bogukrome, and Odikro Kweku Norkor of Abuadzi together with their Elders; by Odikro Edward Kinnah of Chebeni-Breman in Lower Dixcove with their Elders and by Omanhene Kwesi Agyeman VII, Omanhene of Lower Dixcove State as confirming party.
On the 14th of August, 1947, Hima Dekyi XII, of Upper Dixcove applied to this court for leave to oppose the grant of the Concession to the Claimants.
The grounds of Opposition are as follows :-
"1. That his stool is the overlord of all the lands in Lower Dixcove.
" 2. That the consent of his stool is necessary to all valid grants of land in Lower Dixcove.
“ 3. That the Concession No. 2175 intended to be granted has been granted without the consent of his stool.
"4. That the Grantors have exercised a false right in granting the said Concession.
"5. That the said grant is ultra-vires and otherwise erroneous."
At the hearing counsel for Hima Dekyi made it clear that what the Opposer wanted was to be joined in the grant and to receive his share of rents and royalties.
To the Opposer's grounds of opposition the Grantors replied as follows :-
"1. The Omanhene Kwesi Agyeman and the people of Lower Dixcove deny paragraph (1) of the Grounds of Opposition that Omanhene Hima Dekyi XII is the overlord of all the lands in Lower Dixcove or that the Stool of Lower Dixcove has ever admitted that the Lands of Lower Dixcove are subject to the Stool of Upper Dixcove.
"2. Upper Dixcove is a separate State from Lower Dixcove which is also a separate and independent State.
"3. That the Stool of Lower Dixcove has never granted any Concession nor is the consent of the Stool of Upper Dixcove necessary to the grant of any Concession in Lower Dixcove State.
"4. That in reply to paragraphs (2) and (3) of the Grounds of Opposition the Stool of Lower Dixcove has since 1895 or thereabouts continuously grant