[2019]DLCA6316February 22, 2019Court of Appeal

DAKPEM ZOBOGU-NAA HENRY A. KALEEM vs. LANDS COMMISSION, ATTORNEY GENERAL AND DAKPEMA ALHASSAN MOHAMMED DAWUNI

TORKORNOO (MRS), J.A. This is an appeal from the High Court, Tamale. The original plaintiff described himself as a sub-chief of the Gumbiliya gate of the Dakpema Skin. He sued the Lands Commission as 1st defendant, and the Attorney General as 2nd defendant. The Lands Commission is the appellant in this appeal. It was the case of the plaintiff that the Dakpema Skin had 3 gates, and accession to the skin was rotational among the various gates, hence his capacity to sue regarding the proper utilization, protection and preservation of Dakpema Skin lands. After his death during the course of proceedings in the high court, he was substituted with the respondent to this appeal. The dispute in court is over 208.84 acres of land (Kaladan lands) out of the generality of Dakpema Skin lands. It was the case of the Plaintiff Respondent (hereinafter referred to as Respondent) that sometime in 1905, part of Dakpema Skin land which included the Kaladan lands were ‘released to and or acquired.....