APALOO C.J.: Apaloo C.J. delivered the ruling of the court. The applicant’s predecessor-in-title, one Agbemabiese, obtained judgment against one Dzisam and four other persons in the Anloga Native Court B on 14 May 1953. The defendants were sued “for themselves and on behalf of the Tovie tribe of Tegbi.” The claim then was for title to a piece of land which was described by reference to adjoining land said to be bounded by natural features or named persons. The applicant’s predecessor also obtained an injunction “restraining the then defendants, their servants or agents from meddling with the land and the trees thereon.”
What appears to be the question in controversy was whether the applicant’s predecessor who ex concessis bought or redeemed the land from Chief Tamakloe, did so in his own right or did so on behalf of the Tovie tribe. The applicant’s predecessor’s position was that he did so in his own right and vis-à-vis the tribe, was the legal and beneficial owner. The Tovie tribe sai…