AWUDU FRAFRA v. AMEGAITIGO KANDIGANABA

This case involves an appeal from a judgment of the Kassena-Nankanmi Native Authority Court regarding farming rights on a piece of land. The Plaintiff-Appellant, a Frafra, claimed the right to farm an area recently vacated by Adongo, a Grunshieman, based on ancestral history and his alleged status as Tindana (caretaker). The Defendant-Respondent, a Nankanni, argued that Adongo had obtained proper permission from the true Nankanni Tindana and Nankanni Chief. The disputed land is located on the Nankanni side of the Atankridi river, which serves as the recognized boundary between Nankannis and Frafras. The court upheld the lower court's judgment in favor of the Defendant-Respondent, noting that the Plaintiff-Appellant's claim to be a Tindana on the Nankanni side was suspicious. The court emphasized that while cross-border farming is sometimes allowed, it typically requires consent from the appropriate Tindana of that side. The court also considered that Adongo, before leaving, had expressed his desire for the Defendant-Respondent to farm the area. The appeal was dismissed, and the lower court was instructed to ensure the Defendant-Respondent's possession of the land without disturbance from the Plaintiff-Appellant.