Togbe Awadali is grantor of Agave Anyigbe lands - Supreme Court affirms

The Supreme Court has affirmed a Court of Appeal decision which confirmed that Togbe Lugu Awadali IV, Chief of the Anyigbe Clan of Agave, is the only authority that can give out or sell parcels of lands belonging to the Anyigbe Clan. 

In a unanimous decision, dated July 21, 2023, the five-member panel of the apex court, presided over by Justice Avril Lovelace-Johnson, dismissed the appeal brought before it by Torgbui Abordor VIII and Gloryland Estate for lack of merit.

“In the judgment, which is the subject matter of this appeal, the Court of Appeal only made pronouncement (that Togbe Lugu Awadali IV is the only authority that can give out or sell parcels of lands belonging to the Anyigbe Clan) on what already exists,” the court held.

Consequently, Gloryland Estate, an estate developing company that bought a parcel of land at Dabala Junction from Torgbui Abordor VIII, leading to the court action, is now to attorn tenancy to Togbe Lugu Awadali IV and his family.

The other Justices on the bench that gave finality to the matter were Professor Henrietta Mensa-Bonsu, Emmanuel Yonny Kulendi, Barbara Frances Ackah-Yensu, and Samuel Kwame Adibu Asiedu. 

What happened?

According to the statement of facts, Gloryland Estate bought a parcel of land lying between Dabala Junction and Dabala township, opposite the Star Oil Filling Station at Dabala Junction, from Torgbui Abordor VIII, who, the estate believed, was the lawful grantor of the land in dispute.

After the purchase, Togbe Awadali, who claimed ownership of a wider area, including the land sold to the Estate company, confronted Torgbui Abordor VIII.

Togbe Awadali, in his capacity as the Head and lawful representative of the Anyigbe Clan as well as the Head of the Awadali family, took the matter to the High Court in Sogakope on grounds that he was the only authority that could alienate parcels of land belonging to the Anyigbe Clan.

In his reliefs, Togbe Awadali prayed the court to declare the title to the land in dispute, which forms part of a larger tract of land declared in an earlier decision by the Supreme Court of the Gold Cost Colony, as belonging to the Anyigbe Clan which he heads.

Among others, he prayed the court for an order for recovery of possession of the land in dispute, general damage of trespass, and an order of perpetual injunction restraining Torgbui Abordor VIII and Gloryland Estate from the land. 

Counterclaim

But Torgbui Abordor VIII filed a counterclaim and, among others, prayed the High Court to declare that Togbe Awadali was not the head and the lawful representative of the Anyigbe Clan of Agave.

The High Court, in its decision, dismissed Togbe Awadali’s claims on grounds that he had failed to prove that he was the Head of the Anyigbe clan and also the Head of the Awadali family.

As a result, the court held that Togbe Awadali did not have any right to alienate the land in question as it was part of the Anyigbe clan lands under the control of Torgbui Abordor.

Aggrieved by the judgment, Togbe Awadali took the matter to the Court of Appeal in Ho to challenge the high court decision.

The court, constituted by Victor D. Ofoe, J. Bartels-Kodwo, and S. R. Bernasko Essah, on July 8, 2022 set aside the High Court decision.

It held that there was evidence in proof of Togbe Awadali’s assertion that he was the Head of the Anyigbe clan of Agave and the Head of the Awadali family.

The court also held that the Awadali family, headed by Togbe Awadali, was the sole authority that could alienate portions of the land of the Anyigbe clan and, therefore, dismissed the counterclaim by Torgbui Abordor VIII. 

Supreme Court

Not satisfied by the Court of Appeal decision, Torgbui Abordor took the matter to the Supreme Court.

The Supreme Court, in its judgement, pointed out to the High Court’s ruling which indicated that Torgbui Abordor himself could also not prove that he was the head of the Anyigbe clan.

Also, the Supreme Court indicated that facts from proceedings of the Court of Appeal indicated that Torgbui Abordor himself, under cross-examination, described his father simply as a divisional chief, and principal member of the Anyigbe Clan, hence Torgbui Abordor, who succeeded his father, could not claim headship of the Anyigbe clan since his father was not the head.

The Apex Court added that the assertion that Togbe Awadali was the only authority that could give out or sell parcels of lands belonging to the Anyigbe Clan was a fact that existed in an earlier Supreme Court decision.

It added that the Court of Appeal only made pronouncement on what already existed.