ANIOMEGA AND OTHERS v. AHIABOR AND OTHERS
1970
COURT OF APPEAL
CORAM
- AZU CRABBE AG. C.J.
- JIAGGE
- ARCHER JJ.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
1970
COURT OF APPEAL
CORAM
AI Generated Summary
This case dealt with the issue of fishing rights in Kpordui creek. The plaintiffs sued for trespass against defendants who allegedly fished without permission. The defendants contended the plaintiffs held no rights. The appeal addressed whether estoppel applied due to previous judgments. The court held that actions by inferior tribunals could not override Divisional Court decisions, rendering the appeal dismissed but the special damages award was set aside.
JUDGMENT OF AZU CRABBE AG. C.J
This was a transferred suit from the Anlo State A and Native Appeal Court, Keta, to the Lands Court, Accra. Pleadings were ordered and filed, but upon the establishment of a High Court at Ho, the case was further transferred to that court, and was eventually heard and determined by Prempeh J. against whose decision this appeal has now been brought.
The plaintiffs' case was that on 15 January 1955, in consideration of the sum of £G225 which they paid to the late Togbi Sri II, Awoame Fia of Anlo, then the head of the Adjorvia Tribe of Anlo, the late Togbi Sri II granted them fishing rights for three fishing seasons in the Kpordui creek for the period 1955-1957 inclusive. In consequence of this grant [p.3] the plaintiffs entered the Kpordui creek and fished for only one season, because constant flooding of the creek made it impossible for them to fish for the two remaining seasons. By special arrangement with the late Togbi Sri II, the period was extended to enable the plaintiffs to have full benefit of fishing for three fishing seasons as agreed in January 1955. The plaintiffs alleged that in the fishing season of October 1957-March 1958, the defendants, without permission from the plaintiffs, entered and fished in the Kpordui creek. By this act the defendants prevented them from making any profit from the creek, and they thereby suffered damage. The plaintiffs further alleged that in the one season that they fished in the Kpordui creek their sale of fish amounted to £G350 and odd. The plaintiffs therefore claimed from the defendants jointly and severally the sum of five hundred pounds (£G500) damages for their trespass in the Kpordui creek.
In a statement of defence filed on behalf of all the defendants on 23 October 1958, the defendants emphatically denied that the Kpordui creek belonged to the Adjorvia tribe, or that the late Togbi Sri II had any disposable interest over the said creek. They maintained that the creek in dispute originally belonged to one Agama of Agave, and that this was subsequently purchased from Agama by Azima Hada, the ancestor of Heletsi Agbetepe. The defendants claimed that they were the licensees of Heletsi Agbetepe, the lawful owner of the creek in dispute, and that the plaintiffs were not entitled to the reliefs they sought.
On 20 November 1958, a separate defence was filed on behalf of the fifth defendant by another solicitor, and in the statement of defence it was averred that the Kpordui cr