OLLENNU J. This is an appeal from a judgment of the Magistrate's Court constituted by the Government Agent, Winneba, sitting as an appeal court on a judgment of the Native Court “B" of Gomoa Ajumako. The claim made by the plaintiff before the Native Court in substance is for a declaration that he had been properly appointed as successor to two deceased members of his family.
The defences to that claim were first, that Kwami Nyame, who had made the appointment, was not the head of the family, the Ayensuadzi Twidan family; second, that the defendant was a senior member of the family, in fact the head of the family, and therefore the plaintiff's appointment by kwame Nyame was void; and third, that in any event the matter was res judicata by reason, of two arbitrations, one held by the Oman of Ayensuadzi and the other by the Omanhene of Gomoa Ajumako State. The Native Court gave judgment for the plaintiff, holding that his appointment was in accordance with native custom and that the acts …