The following judgments were delivered:-
DEANE, c.J. THE GOLD COAST COLONY.
In this matter the plaintiff, who is Ohene of Assenta, sued the defendant, who is the Ohene of Kickam, in the Native Tribunal of Atuabo claiming a demarcation of the boundary between the two divisions of Assenta and Kickam and alleging that an odum tree constituted the boundary mark. The parties are Divisional Chiefs under the Omanhene of Eastern Appolonia or Nzima, and the dispute is over the boundary between the two divisions. The Chief of Assenta claims that the stool lands of his division are bounded by the Biale River so as to include within his territory all the land known as Agona lands, lying to the South of the Biale when it makes a westward turn before debouching into the sea as shown on plan "A," while the J{ickam Chief claims that the Agona lands are appurtenant to his stool and that the boundary between himself and Assenta is the Biale River down to the point where the bridge crosses the stream, and then due south along a line now marked by pillars to a lagoon or creek called Boblama Sukpe. There is an odum tree marked on the plan on an upper reach of the Biale River, but it is far away from the land in dispute and has no significance in the case; the real question at issue being whether the line of the boundary runs from the bridge south to the Bobloma creek or whether it follows the stream westward and then southward to the sea.
Now it was made quite clear from the evidence of both plaintiff and defendant that this case followed closely upon and was intimately connected with a case of Anopoley v. Chief Athunli and another which was finally settled by a judgment of Mr. Bartlett, Commissioner of the Western Province, delivered on the 30th August, 1928, on appeal from a Native Tribunal.
That case according to the judgment raised the question of the boundary between Kickam and Assenta which is the very question raised in this case, and the Commissioner decided that the boundary of Kickam was Biale from its source to where the bridge on the motor road crosses the stream, and then in a straight line seaward to the mouth of the Bobloma creek, thereby including within the Kickam boundary the Agona lands which are the subject of dispute in this case, and confirming the judgment of the Omanhene in favour of Anopoley.
Counsel for the plaintiff admits that if the judgment in Anopoley v. Athunli and another can be used in evidence against the plaintiff in this case by way of
