Benin JA.
This appeal raises very interesting customary law questions some of which unfortunately the trial court failed to appreciate. These questions are:
(1) By Ewe customary land law, who are the rightful persons to alienate land owned jointly by two or more distinct families?
(2) What is the effect on any such alienation that is not made by all the appropriate or rightful persons?
(3) Can any one family sue without reference to the other if there is wrongful alienation and recover the land for his family only?
Let me recount the facts of this case at this stage. The defendant acquired a piece of land to build on from the Amoah family of Kpando Aloi. When she started building operations on the land, she was challenged by the Ablorlor family (the plaintiff’s family) which claimed ownership of a larger tract of land of which the land in dispute formed a part. The defendant resisted the plaintiff’s claim and continued to build; hence the action by the plaintiff before the Hohoe Circuit Co…