CONCESSION ENQUIRY (NO. 1120) (ACCRA) NMAKO SALT CONCESSION

JUDGMENT OF ADUMUA-BOSSMAN, J.

In this matter, notice of the concession was filed on the 30th July, 1959, by E. Akufo-Addo, Esq., counsel for and on behalf of a partnership firm engaged in the business of the manufacture and/or preparation of salt in Ghana, having the name and style Elmina Salt Company of Elmina - Ghana (which will be referred to as the claimants throughout this judgment).

The concession is a lease dated the 15th June, 1959, expressed to be made between Nii Kojo Ashamanfro II, Dsasetse and Acting James Town Mantse, as lessor of the one part, and four Greek gentlemen merchants, Messieurs Constantine Alexis Panagiotopulos, Gerassinos Alexis Panagiotopulos, George Alexis Panagiotopulos and Lyrkourgos Alexis Panagiotopulos, all of Elmina in the Central Region of Southern Ghana, together trading in partnership under the firm name of Elmina Salt Company of Elmina - Ghana, as lessees of the other part, whereby a piece or parcel of land situate and being at or to the north of the village of Wiaboman and Grefi in the Accra district and more accurately described in detail in the said lease, was demised by the lessor to the said lessees for the period or term of 99 years at the annual rent of £G100 for purposes of salt mining or salt manufacturing operations.

[p.356]

On or about the 15th October, 1959, subsequent to the filing of the notice of the concession, motion was filed on behalf of Nii Adja Kwao II, Manche of James Town, Accra, for an order substituting his name for that of Nii Kojo Ashamanfro II, as grantor of the concession, on the ground that by notice No. 48 published in the Ghana Gazette Extraordinary, No. 69 of the 1st August, 1959, his election and installation as Manche of James Town was formally acknowledged by the Government, and on the 30th October, 1959, a formal order substituting his name as grantor of the concession was duly made.

Thereafter on or about the 4th November, 1959, application was filed on behalf of Numo Kome Otsita II, Sakumo Wulomo, of Accra, for leave to oppose the grant of certificate of validity in respect of the concession on grounds set out in the application that:

"(1) The land the subject-matter of the Concession is the property of the Sakumo Wulomo, caretaker of the said land on behalf of the Ga Manche's stool.

(2) The James Town Alata Manche has no legal or customary right over the Sakumo area of land to warrant his leasing to any persons any portion of the said land for any purpose whatsoever.

(