OMAN OF YAMORANSA per NANA YANKOH KESSI II v. NANA KWA DUA II AND KOBINA NGYEDU

Judgment :

This is an appeal from the judgment of the Fante Confederacy Area Native Court (Grade A) who on the 4th September, 1945 entered judgment for the defendants in respect of a claim made by the Plaintiff-Appellant for a declaration of title to land known as "Akuradsi", for an account of tolls and for an injunction.

The appellant grounds his claim upon a decision given by the State Council of Nkusukum on the 22nd September, 1930.

That action arose out of a claim made by the "Ankobia" Company of Nkusukum that they were the owners of this land.

The Aburadzie Family of Aketekyiwa challenged this claim and the action before the State Council resulted.

The issue in that action was quite clear. The Aburadzie Family claimed they were the owners by virtue of being the first persons to clear the virgin bush after the land had been conquered by their clan. The defendant's defence in that action was that in years past the "Ankobia" Company had given this land to a predecessor in title of the plaintiff to look after it for them as its "caretaker". The State Council found that the land was not the property of the "Ankobia" Company, and it found that the then plaintiff had possessory rights in the land as a caretaker for the "Oman of Yamoransa." In that action the present appellant gave evidence on behalf of the "Ankobia" Company supporting the claim of the "Ankobia" Company that as the result of war in which the "Ankobia" Company conquered this land, the Company handed the land to the predecessor in title of the present 1st defendant-Respondent to look after it as a "caretaker".

After this action the appellant upon the strength of the decision of the State Council called on the Aburadzie Family to account to him for all tolls received by them since the date of that judgment. He purported to claim them on behalf of the "Oman of Yamoransa." The defendantsrespondents denied any liability to account, and the plaintiff-appellant then brought the action, which is the subject of this appeal, claiming that the "Oman of Yamoransa and district" were the owners of this land called "Akurandzi". In the Native Court certain Councillors of the State

Council which had given its decision in 1930 evidenced to the effect that the record was inaccurate and did not truly represent the decision which they had made.

As I was not entirely satisfied with the material upon which the Native Court had arrived at their conclusions, I heard the evidence of the plaintiff-appellant and