VAN LARE J.S.C.
The plaintiff bought the cocoa farm, the subject-matter in dispute in this case, from one Hamidu Yadiga, the successor of one Salifu Moshie, who was during his lifetime the chief or headman of the Zongo community at Kenyasi. Salifu Moshie, the predecessor of Hamidu Yadiga, obtained a grant of a piece of Kenyasi stool land upon which he cultivated this cocoa farm being at Kenyasi No. 1, on land commonly known and called “Afrikyire” otherwise known as “Abukoroso”.
It will appear that, as might be expected, some members of the Zongo community voluntarily assisted in the cultivation of the farm for their headman but for all practical purposes it was known to be the self-acquired property of the headman, Salifu Moshie, who during his lifetime enjoyed it as such and paid yearly tributes to the defendant stool. After the death of Salifu Moshie the Zongo community elected one Tahiri Moshie to the headship of the Zongo community of Kenyasi and it is not in dispute that Hamidu Yad…