CONCESSION ENQUIRY (NO. 1120) (ACCRA) NMAKO SALT CONCESSION [1961]DLHC878

Date	1961-06-22
Suit No.
Citation No.	[1961]DLHC878

ADUMUA-BOSSMAN

S. M. CUDJOE FOR THE GRANTOR

E. OBETSEBI-LAMPTEY FOR THE OPPOSER

E. AKUFO-ADDO FOR THE CLAIMANTS

[1961]DLHC878
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CONCESSION ENQUIRY (NO. 1120) (ACCRA) NMAKO SALT

&nbsp;[HIGH COURT, ACCRA]

[1961] GLR 354

DATE: 22ND JUNE, 1961.

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COUNSEL:&nbsp;&nbsp;

S.
M. CUDJOE FOR THE GRANTOR.

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ADUMUA-BOSSMAN, J.

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&nbsp;

In this matter, notice of the concession was filed on the 30th
July, 1959, by E. Akufo-Addo, Esq., counsel for and on behalf of a partnership
firm engaged in the business of the manufacture and/or preparation of salt in Ghana,
having the name and style Elmina Salt Company of Elmina - Ghana (which will be
referred to as the claimants throughout this judgment).

&nbsp;

The concession is a lease dated the 15th June, 1959, expressed to
be made between Nii Kojo Ashamanfro II, Dsasetse and Acting James Town Mantse,
as lessor of the one part, and four Greek gentlemen merchants, Messieurs
Constantine Alexis Panagiotopulos, Gerassinos Alexis Panagiotopulos, George
Alexis Panagiotopulos and Lyrkourgos Alexis Panagiotopulos, all of Elmina in
the Central Region of Southern Ghana, together trading in partnership under the
firm name of Elmina Salt Company of Elmina - Ghana, as lessees of the other
part, whereby a piece or parcel of land situate and being at or to the north of
the village of Wiaboman and Grefi in the Accra district and more accurately
described in detail in the said lease, was demised by the lessor to the said
lessees for the period or term of 99 years at the annual rent of £G100 for
purposes of salt mining or salt manufacturing operations.

On or about the 15th October, 1959, subsequent to the filing of
the notice of the concession, motion was filed on behalf of Nii Adja Kwao II,
Manche of James Town, Accra, for an order substituting his name for that of Nii
Kojo Ashamanfro II, as grantor of the concession, on the ground that by notice
No. 48 published in the Ghana Gazette Extraordinary, No. 69 of the 1st August,
1959, his election and installation as Manche of James Town was formally
acknowledged by the Government, and on the 30th October, 1959, a formal order
substituting his name as grantor of the concession was duly made.

Thereafter on or about the 4th November, 1959, application was
filed on behalf of Numo Kome Otsita II, Sakumo Wulomo, of Accra, for leave to
oppose the grant of certificate of validity in respect of the concession on
grounds set out in the application that:

“(1) The land the subject-matter of the Concession is the property
of the Sakumo Wulomo, caretaker of the said land on behalf of the Ga Manche’s
stool.

(2) The James Town Alata Manche has no legal or customary right
over the Sakumo area of land to warrant his leasing to any persons any portion
of the said land for any purpose whatsoever.

On the 20th November, 1959, formal leave was granted to the Sakumo
Wulomo to oppose conditionally upon his giving certain security for costs and
thereafter having statement of claim filed on his behalf within 21 days. The
conditions were duly complied with, and the statement of claim which was filed,
as subsequently amended, was in the following terms:

“(1) The opposer is the Wulomo (fetish priest) of the Sakumo
river, wherein the great Sakumo fetish of the Ga people has its home and is worshipped.

(2) From time immemorial the Sakumo Wulomo has been the caretaker
and in control of all the piece or parcel of land known as Sakumo lands for and
on behalf of the Ga, Gbese, and Asere stools, that is to say, lands in and
around the Sakumo River.

(3) The modes and times of fishing in the said river are regulated
solely by the Sakumo Wulomo, and grants of land’s in and around the Sakumo
River are made by the Wulomo who collects tolls and tributes from the
inhabitants in the area.

(4) The grantor, the James Town stool has no land in the area, and
has no authority to grant Sakumo lands - wherefore the opposer opposes grant of
certificate of validity to the claimant.”