The Facts Of The Case Between Nkonya And Alavanyo

a) The Alavanyos migrated from Saviefe through Akrofu to Sovie (near Kpando), to settle on land allocated to them by Nkonya in about 1840. They created seven settlements on farmlands originally owned by Nkonyas hence they named some of their villages by the dominant tree crops found around the settlements – (DEME)-Palm trees, (AGORME)-Date-palm trees, (AGORHOE) Huts made from date-palm fronds, (ABEHENEASE) over-grown, tall palm tree.

b) In 1913, Haupter Dr. Hans Gruner, assisted by Paul Sprigade prepared a map, the “Karte des Sechsherrens Tockes”, showing the boundaries of the six nation-states that surrounded the Togo Plateau – Nkonya, Alavanyo, Gbi, Santrokofi, Akpafu and Bowiri respectively.

c) In May, 1923 nine elders from Nkonya-Tayi were brutally assaulted by the Alavanyos when they went to Alavanyo Kpeme on a mission to discuss an observed encroachment on Nkonya land by eight Alavanyo farmers who were subsequently identified as Joseph Foli, Togbe Mensah Aniabor, Korkor Sampende, Trigautt Kosibu, W.A. Dornya, Kwasi Asigbetse, Eugene Prikutse and Aaron T. Kuma.

d) In 1931, Norton Jones Esq. met representatives of the six nation-states on the issue of the Togo Plateau Forest Reserve Settlement Enquiry where they all agreed that their boundaries were as shown on the Gruner map drawn in 1913.

e) In 1953, Nkonya filed a suit at Akpini Court “B” seeking to evict the eight encroachers on Nkonya land.

f) In May, 1957 in the High Court, Accra, Justice Van Lare ruled in favour of Nkonya.

g) In June, 1959 His Lordship, GRANVILLE SHARP J. A. Court of Appeal, up-held the accuracy and authenticity of the 1913 Gruner Map as indicating the true boundaries and that defendants (Alavanyo) are “estopped per rem judicatam” (a matter that has been finally determined), from ever raising the question about their boundaries; and that ”interest reipublicae ut sitifinis litium” (it is in the public interest that a litigation must come to an end).

h) In December, 1970, High Court, Ho - Suit No. 28-35/61, 1970, Justice G. R. Mc Vane Francois ordered the Alavanyos to atone tenancy within one month of the ruling.

i) In December, 1975, Court of Appeal, Accra Suit No. 112/74, Justice J. A. Amissah (Presiding), Kingsley Nyinah and J. A. Annan ruled in favour of Nkonya and up-held the 1970 ruling by Justice Francois.

j) In December, 1980 Justice Mrs. Cecilia Koranteng-Addow quashed an order issued by the Stool Land Boundaries Commission for re-demarcation of the boundaries.

She stated that, two previous rulings at the High Court and the Court of Appeal had up-held accuracy of the Dr. Gruner Map of 1913 and thus settled the issue of the boundaries.

From the afore-mentioned facts, one may ask; what was left undone to warrant the two communities to engage in these often senseless conflicts?

Is it not a fact, that one party has arrogated to herself the power to disobey the courts with so much impunity and careless abandon? The era when communities acquired territories through war or by force of arms is gone for good. Good neighborliness and respect for law and order are the hallmarks of statesmanship.