SAIBU v. MAHAMA AND ANOTHER

JUDGMENT OF OLLENNU J.A.

Ollennu J. A. delivered the judgment of the court. This appeal is from a decision of the High Court, Tamale. It is about the first land appeal which has come to this court from the High Court exercising jurisdiction in land suits in the Northern and Upper Regions under the Courts Act, 1960 (C.A. 9), now repealed by the Courts Decree, 1966 (N.L.C.D. 84). The land in dispute is a plot of building land situate at Walewale within the Wungu division of the Mamprusi Traditional Area of the Northern Region.

The occupant of the paramount skin of Mamprusi, i.e. the paramount chief, is known as the Nayiri, the occupant of the Wungu divisional skin, i.e. the divisional chief of Wungu, is known as the Wunaaba, and the occupant of the sub-skin of Walewale, i.e. the chief or sub-chief of Walewale, is known as the Duranaa. By the custom of the Mamprusi Traditional Area, as proved by the evidence before the court below, the Duranaa, when elected, is installed by his divisional chief, the Wunaaba, and the divisional chief, the Wunaaba, when elected, is installed by the paramount chief, the Nayiri. Both the plaintiff, and the second defendant, are subjects of the Walewale skin, and the first defendant is the Duranaa.

The plaintiff claimed title to the land by virtue of a grant alleged to have been made of it to him by the Wunaaba, who, with the consent of the Duranaa, he contended, is the proper authority according to customary law, to administer and make grants of lands attached to the skin of Walewale, i.e. the divisional skin. The defendants on the contrary contended that the land is attached to the Duranaa skin, i.e. the sub-skin, and under the administration of the Duranaa, and that the Duranaa is the competent authority to control the same and to make grants of portions of it to subjects of the Walewale skin and non-subjects alike for building and other purposes.

[p.508]

In support of his claim the plaintiff pleaded in paragraphs (3) and (4) of his statement of claim that:

"(3) The plaintiff some time ago requested of the late Chief Duranaa Nantonma of Walewale for the piece of land the subject-matter of this suit to erect buildings thereon.

(4) As custom demanded, the chief of Walewale led the plaintiff to the grand landlord of all Walewale lands one Chief Wungu who granted the said piece and parcel of land to the plaintiff."

In reply to those two paragraphs of the statement of claim the defendants pleaded that:

"(4) As to paragrap