SAIBU vs. MAHAMA AND ANOTHER

JUDGMENT OF OLLENNU J.A. Ollennu J. A. delivered the judgment of the court. This appeal is from a decision of the High Court, Tamale. It is about the first land appeal which has come to this court from the High Court exercising jurisdiction in land suits in the Northern and Upper Regions under the Courts Act, 1960 (C.A. 9), now repealed by the Courts Decree, 1966 (N.L.C.D. 84). The land in dispute is a plot of building land situate at Walewale within the Wungu division of the Mamprusi Traditional Area of the Northern Region. The occupant of the paramount skin of Mamprusi, i.e. the paramount chief, is known as the Nayiri, the occupant of the Wungu divisional skin, i.e. the divisional chief of Wungu, is known as the Wunaaba, and the occupant of the sub-skin of Walewale, i.e. the chief or sub-chief of Walewale, is known as the Duranaa. By the custom of the Mamprusi Traditional Area, as proved by the evidence before the court below, the Duranaa, when elected, is installed by his divisi...