KEKEDOME AGOZI v. TEHODA KEIDZONU

Keledine Agozi sued Tehoda Keidzonu in the Native Court "B" (Anlo Division) seeking declarations of title to Tegli Ashata and Tegbi Korgbor. Azorgli Zowonu Amedivlo, claiming an interest in Ashata as head of the Lawe tribe, was joined as co-defendant. The same parties had litigated a year earlier in the Native Court of Weh over Korbo/Korgbor, Kpowui and Ashata; although Ashata was not ultimately embraced, witnesses were heard and the issues mirrored the present dispute. In the current proceedings, Tehoda tendered the earlier record; the plaintiff objected, the co-defendant did not. COUSSEY, J held the prior proceedings should not have been admitted, not because they concerned different land—the issues were substantially the same—but because the defendant failed to show former witnesses were unavailable and parties have a right to cross-examine unless they consent. On title, the co-defendant, standing as a plaintiff, failed to prove his case, particularly in light of the Native Court "B" findings of a tribe grant to Tehoda and continuous peaceful possession for 28 years. The appeal was allowed, the Native Appeal Court’s ruling set aside, and the Native Court "B" judgment restored, with costs.