AGBLETA V. THE REPUBLIC

JUDGMENT

APALOO J.A.

The claim in this case was for title to land described in the writ and normally referred to as the Kpassa lands. It was instituted by the respondent as the occupant of the skin of Nanumba on behalf of that skin against the first appellant who is the occupant of the Atwode stool. The second appellant relied on a grant by the Atwode stool and took sides with the latter in this suit. After a trial lasting five years, the judge found for the respondent skin. The Nanumba skin produced a lot of evidence in proof of its title to the land. Whether the learned judge’s conclusion that it discharged the onus of proving its title was right or wrong, was not, in the events which have happened, agitated before us.

While that case was part-heard before the court, there was passed into law, the Stool Lands Boundaries Settlement Decree 1973 (N.R.C.D. 172). This became law on 4 May 1973. It conferred by its section 4 (1) on a commissioner appointed under that Decree exclusive jurisdic…