LORD HODSON: The dispute between the parties concerns a piece of land on the Eastern bank of the Volta River called Logloto-Sakada. The plaintiff (the respondent herein) claims a declaration of title to the land, he being the head of the Amandja clan of Akloba, and the defendant (the appellant herein) has counterclaimed that the land was communal land for the town of Akloba and that, he being the overlord of Akloba, the land is under his control and administration. By his formal claim the plaintiff sought a declaration of title to the land and “for that matter” the title of the Amandja clan. In the Ghana Court of Appeal his claim was upheld as for himself and on behalf of the clan.
The dispute concerning the ownership of the land has a long history.
In January, 1941, the defendant, in his capacity as sub-chief, issued an order forbidding cultivation, sale or pledge of any portion of the land without his permission according to custom. The plaintiff refused to carry out the order as he c…