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President :- The Plaintiffs’ amended claim in this case read as follows :-
“The Plaintiffs claim (I) a declaration that they are in possession as , owners of all that piece or parcel of land commonly called and known as Ahodome or Awudome situate lying and being at Accra; (2) £20 Damages for trespass; and (3) An Injunction restraining the Defendants. their Agents. Servants or representatives from entering upon, or in any way interfering with, the said land.”
The main claim is that the direct descendants of Manche Ankrah are entitled to exclusive ownership of the land in question, the descendants of Manche Ankrah’s uterine brothers having no rights in the land.
The learned trial Judge held that the Plaintiffs had failed to prove their case, thus, in effect, nonsuiting them. It is sufficient for the purpose of deciding this appeal to say that we entirely agree with this finding, and that we find no substance in any of the grounds of appeal. It is true that the actual ratio decidendi in the Court below is not very clear, but the ordinary rule of native customary law as to descent of property through the female line prima facie applies in this case, and in our opinion no sufficient nor evidence has been adduced to show that any other method of descent applied in this particular case. Hence we are satisfied that the learned trial Judge had no alternative but to nonsuit the Plaintiffs. The claims for damages and an injunction were dismissed and we concur with the Judge’s decision in this respect.
The appeal is dismissed with costs assessed at £43 7s. 6d.