AZU CRABBE AG. C.J.
This was a transferred suit from the Anlo State A and Native Appeal Court, Keta, to the Lands Court, Accra. Pleadings were ordered and filed, but upon the establishment of a High Court at Ho, the case was further transferred to that court, and was eventually heard and determined by Prempeh J. against whose decision this appeal has now been brought.
The plaintiffs’ case was that on 15 January 1955, in consideration of the sum of £G225 which they paid to the late Togbi Sri II, Awoame Fia of Anlo, then the head of the Adjorvia Tribe of Anlo, the late Togbi Sri II granted them fishing rights for three fishing seasons in the Kpordui creek for the period 1955-1957 inclusive. In consequence of this grant the plaintiffs entered the Kpordui creek and fished for only one season, because constant flooding of the creek made it impossible for them to fish for the two remaining seasons. By special arrangement with the late Togbi Sri II, the period was extended to enable the plain…