J. GODSON HUSUNUKPE v. VORMAWOR DZEGBLOR OF AMEDZIEKOPE

On appeal from the Native Appeal Court of the Anlo State, Jackson, J addressed a dispute over a coco-nut plantation once farmed by Sodorlordji. The plaintiff-respondent asserted ownership and sought damages for trespass, claiming a purchased title through Dogbe Aglago Katako Denu. The defendant-appellant, Sodorlordji’s nephew, had helped establish the plantation, built a house to supervise it, and continued in possession after Sodorlordji’s death. Applying Anlo customary succession, the court emphasized that, upon a property owner’s death, the head of the extended family takes charge and later appoints and hands over to a successor; children succeed, but until formal handover, possessory title may prevail against strangers. Seme, Sodorlordji’s daughter, had a son, Ahiaku Gawu Apone, whose contingent interests could not be overridden; if Seme’s 16 September 1949 conveyance was genuine, it purported to transfer an estate she did not possess. The court held the plaintiff had no title and allowed the appeal, restoring the Native Court’s judgment, with costs.