NAN A AKPANDjA

JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PI~IVY COUNCIL, DELIVERED THE 14TH FEBRUARY, 1939.

Privy Council, 14th Feb., 1939.

The appellant and respondent who are concerned in the dispute which their Lordships have to consider are the chiefs of certain districts in Togoland. The appellant is the paramount chief of Buem Borada which is in the part of Togoland under British mandate whilst the respondent is the chief of Akposso Badu which is in the portion of Togoland under French mandate.

The dispute concerns the ownership of certain lands approximately 15 square miles in extent situated on the British side of the international boundary between the French and British mandated territory. The dispute also extends to land on the French side of the boundary, but that portion is not subject to British jurisdiction and is not the subject matter of appeal.

The case has already been the subject of three decisions -firstly, before the Assistant District Commissioner, who . found that each party was entitled to about half of the land in dispute; secondly, before the Acting Commissioner of the Eastern Provinces who decided n favour of the appellant, and thirdly, before the West African Court of Appeal, who restored the judgment of the Acting District Commissioner.( * Not reported.) From that decision the appellant appeals to His Majesty in council

Substantially the appellant's case is that the land in dispute was originally his; that many years ago a tribe called the Kwawus applied to his predecessors for leave to settle on it; that they gave permission; that the Kwawus came and increased so much in power that they wished the appellant's subjects the Akpandja to serve them; that two battles took place-in the first the Kwawus were victorious with the help of the Ashanti, that the Akpossos gave no help but that both the Akpandja and the Akpossos had to pay tribute to the Ashanti as a result of their victory. Later in a second battle the Akpandja were victorious, and having driven out the Kwawus retook possession of the disputed territory and retained it ever since. The Akpossos had once, he said, been subordinate to the Akpandja but had ceased to be so, and had taken no part in either battle, or given any help, or made any payment except through him to the Ashanti by way of tribute.'

The respondent also spoke of the fighting with the Kwawus and Ashanti. Both were agreed that it took place before the Germans came, i.e., more than 55 years ago. He also s