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CHIEF TENGEY DJOKOTO IV, HEAD OF THE BATE TRIBE OF ANLO FOR HIMSELF AND AS REPRESENTING THE BATE TRIBE v. CHIEF SABA III of DJITA AND OTHERS

1950

HIGH COURT

GHANA

CORAM

  • COUSSEY, J

Areas of Law

  • Property and Real Estate Law
  • Tort Law
  • Civil Procedure

AI Generated Summary

COUSSEY, J., delivered a preliminary ruling and a final judgment concerning ownership and control of the Dzita land long contested by representatives of the Tovie tribe and the Bate tribe. The land is the same parcel previously litigated, delineated by Licensed Surveyor K. Armah Kwantreng in Suit No. 49 of 1944 and referenced to Transferred Suit No. 4/1945. In earlier proceedings, the Tovie claimants failed to establish title and the defendant tribe received damages for trespass; the West African Court of Appeal later set aside an unsought declaration for the defendant, a change affecting procedure only. In this suit, the court held that res judicata estopped the defendants from asserting title, found that the Bate tribe owns the land, and credited evidence of continued waste and obstruction. Applying Anlo customary law, the court ordered ejectment against the defendants, agents and licensees, stayed three months on condition of no further cutting, and awarded costs. Counsel Mr. Ako Adjei’s contrary submission was rejected.

RULING