ANIOMEGA AND OTHERS v. AHIABOR AND OTHERS

This appeal, authored by Azu Crabbe Ag. C.J., arose from a dispute over fishing rights and title in the Kpordui creek in Anlo. The plaintiffs purchased three-season fishing rights from the late Togbi Sri II, Awoame Fia of Anlo and head of the Adjorvia Tribe, and alleged that the defendants trespassed during the October 1957March 1958 season, depriving them of profits. The defendants denied Adjorvia ownership, claiming title through the Azima Hada family and acting as licensees of Heletsi Agbetepe; the fifth defendant asserted he was placed in possession by Hiadzi Sakpaku. The co-plaintiffs invoked a 1923 Divisional Court judgment adjudging the Adjorvia tribe owners, while co-defendants relied on a 1925 Anlo State Tribunal decision. The Court of Appeal held the state tribunal lacked jurisdiction and its decision was a nullity that could not create estoppel; there was no evidence of consensual compromise by Togbi Sri II. The court set aside G150 special damages (not pleaded or proved), left G50 general damages undisturbed, and dismissed the appeal with costs, with Jiagge J.A. and Archer J.A. concurring.