JAMES EDWARD KWAKU SAMPSON v. ALBERT THEODORE LUTTERODT AND THOMAS SHANG SIMPSON

Judgment :

This action relates to a dispute which has been smouldering for some years between the Awura Kpakpa family of Christiansborg on the one hand and the Stool of Osu and the Anahor Quarter of Christiansborg on the other hand. The 2nd defendant is head of the Awura Kpakpa family of which the 1st defendant is a member and they are both of the Anahor Quarter.

In 1928 there was an action by one Fleischer against O. A. Lutterodt, the elder brother of the 1st defendant, since deceased, who was at that time in charge of the Awura Kpakpa family land and the family claimed that by virtue of a grant made to one Tros or Troas, a European, the family were owners of a large area of land stretching from the Eastern limits of the existing town of Christiansborg towards Labadi. According to the claim made at the time the land measured on the North 1600 feet, on the South 3500 feet, on the East 2260 feet, and on the West 1419 feet. The Anahor Quarter had made a grant within the area claimed, to Fleischer. The action was heard by the Tribunal of Osu which, in deciding in favour of Fleischer, observed that the defendant Lutterodt did not know the boundaries of his family land and, that his family had not taken exception to grants that had been made within the area by the Osu Stool to R. R. Bannerman and J. S. Schandorf. After this Judgment, from which there was no appeal, although it is now argued that the Osu Tribunal out of self interest had found against the Awura Kpakpa family, Mantse Dowuona III of Osu without consulting the Head or Shippi of the Anahor Quarter, deputed some messengers to demarcate what should be regarded

as the land of the Awura Kpakpa family. It appears that the demarcation made at his direction embraced land on both sides of the present road from Christiansborg to Labadi, and which is shown on a plan attached to a declaration of title made by the 1st defendant A. T. Lutterodt, some thirteen years after the demarcation.

There was a general protest in Christiansborg against the Manche's demarcation. Its effect was to interfere with the existing rights of some other members of the Anahor Quarter to whom grants of land for building had been made.

I am satisfied that this demarcation was contrary to custom as it was without the knowledge and concurrence of the heads of the Quarter of Ashanti Blohum, Alata and particularly of Anahor.

There followed in 1933 the action of Lucy Nunoo v. Abudoo and C. A. Lutterodt in which the Plaintiff claimed th