This action was brought by the Plaintiffs, as attorneys for the 10 Companies of Elmina against the Defendants claiming that the document Exhibit "A" be delivered up for cancellation, the same not having been executed by those who had the proper authority by Native Custom to execute such a lease (2) an account of all moneys paid by or on behalf of the said Elmina Sea Salt Company to the persons named in the said lease as lessors and (3) an injunction restraining the Defendants, their agents servants or workmen from doing any act purporting to be done by virtue of rights acquired by the said lease.
Cases cited by Counsel:- Bimba v: Mensah (1); Hughes v: Davies (2); Angu v. Atta (3); In re Martin, Martin v. Johnson and another (4); Quarm v. Yankah II (5).
A point raised by Mr. Sackeyfio was that no document was put in evidence giving plaintiffs' authority to represent the ten companies - on this point I will concede that it would have saved argument if a Power of Attorney had been introduced as evidence but this point was not raised by Sackeyfio until after the close of Plaintiffs' case and I am of opinion, however, that the ten companies are a body and that a group of persons can be represented by members of that group and that the absence of a Power of Attorney does not in this instance weaken the Plaintiffs' case and therefore I am not going to give any serious consideration on that point alone. I accept Mensah's evidence on this point. Bimba v. Mensah (1) referred to, settles that Native Law when not incorporated by judicial decisions in the law of be proved by evidence and in re Martin (4) decides that where a claim is based on Native Law and Custom, that particular Native Law and Custom must be established by evidence.
The real point to be considered in this action is whether the document Exhibit "A" has or has not been properly executed by persons having the proper authority to execute it by Native Law and Custom.
In Quarm v: Yankah II (5), Dean, C. J., it was decided that a deed of Conveyance of Stool land is sufficiently executed if it is signed by the Chief and his Linguist. However for the purposes of this action, I find as a fact that (1) The Attorney for the Defendants approached the Regent and his Elders for the granting of certain lands as set out in Exhibit "A" for the manufacture of salt (2) Ewusi the regent of Edina State called the whole people including the 10 Companies and considered the matter (3) The Defendants' Attorney gave rum an
