MANCHE ANEGE AKUE Vs. MANCHE KOJO ABABIO IV

JUDGEMENT

(1.) The subject matter of the litigation in which the present appeal arises is a sum of money representing the purchase money paid by the Government of the colony for certain lands taken by them for public purposes under statutory powers.

(2.) Rival claims were made to this money. The appellant, the Manche or chief of Sempe, claiming on behalf of communities known as Sempe and Akumaji, asserts that those communities are entitled to share in the fund. The respondent, the Manche of James Town and also the Manche of Alata asserts, that he, as Manche of Alata, is solely entitled to the fund on that community.

(3.) On July 24, 1918, the Divisional Court, consisting of the Chief Justice, Sir Philip Crampton Smyly, rejected the claim of the appellant and gave judgment in favour of the respondent. On May 16, 1924, this judgment was unanimously affirmed by the Full Court, composed of Michelin J., and acting Judges Gardiner Smith and Aitken. Leave to appeal from this judgment to his Majesty in Council was obtained on August 18, 1924.