JUDGMENT
TAYLOR J.S.C.
The appellant in this appeal (hereinafter referred to as the plaintiff) sued the defendant-respondent (hereinafter referred to as the defendant) on 20 May 1977 in the High Court, Ho claiming a declaration of title to a piece of land, perpetual injunction, recovery of possession and damages for trespass. After a plan of the disputed area had been prepared and tendered by a surveyor who gave evidence as the first plaintiff witness, the plaintiff on 10 May 1983 commenced leading evidence on his own behalf.
In the course of his evidence-in-chief his counsel at the High Court, Mr Nutsugah, who is appearing for him in this appeal made the following application for adjournment:
“At this stage I will apply for an adjournment since I am embarrassed by the conduct of the plaintiff. If on the adjourned date he does not see why we are in court, we will discontinue the case. I do concede costs to my learned friend.”
Counsel for the defendant, who is the respondent herein, opposed…