KWAW AYIE, Odikro of Eburbonku v. KWEKU MENYA, Odikro of Wiomoa

Judgment :

On the 26th April, 1945 Kweku Menya of Wiomoa issued a writ of Summons against Kodwo Egyin of Krofufurdu claiming:

(1) a declaration of title that he was the owner of the land now being farmed by Kodwo Egyin at a place known as Kakum Ekyir.

(2) £50 damages for trespass on that land, and

(3) an injunction.

The action was subsequently transferred to this Court upon the grounds of a conflict of jurisdiction between two Native Courts.

On the 27th June, 1945 Kwaw Ayie of Aburbonku issued a writ of Summons out of this Court, in the absence of any Native Court of competent jurisdiction, against Kweku Menya claiming on behalf of the Stool of Aburbonku as agains. the defendant as Odikro of Wiomoa a declaration of title that he is the owner of all these lands upon which the people of Wiomoa either dwell or farm.

An order consolidating the two suits was made and pleadings were ordered. It is unfortunate that by a misunderstanding pleadings were not filed in each action, but nevertheless the issues raised appear clear upon the composite pleadings.

The dispute has arisen by the fact that Kodwo Egyin obtained from Kwaw Ayie of Aburbonku leave to farm and fell palm trees in an area West of the village of Wiomoa, and situated just across and to the West of the Kakum River; land which the village of Wiomoa claim as a part of the lands upon which their ancestors cleared and occupied virgin bush.

The people of Aburbonku, a village situated some two miles to the South West of Wiomoa, then countered with the second action averring that the people of Wiomoa occupied and farmed solely by virtue of a grant made very many years ago by the predecessor in title of the present Odikro of Aburbonku.

A plan (Exhibit " 1 ") was filed in which, Counsel for both parties agreed, the area now in dispute was the southern portion shown on the plan as being edged by a dotted line in pink.

Evidence regarding the ownership of lands to the North of this area, and up to the northern western and eastern boundaries, shown on the plan as being edged in a broken purple and pink line, was also heard, evidence which later, in my judgment was of the greatest cogence.

Now in 1931 a large portion of this Southern area was the subject of a land dispute in the case of Kwamin Kuma of Aburbonku v. Kofi Kuma of Yowuma (Wiomoa) (1) in which Strother-Stewart J. delivered judgment in the Divisional Court on the 30th July, 1934, a decision which was subsequently upset on appeal by the West Afr