APALOO J.: On the 21st December, 1960, the plaintiff in his capacity as head of the Aduana Awonyui family of Obomeng and Mpraeso caused to be issued against the first and second defendants a writ claiming declaration of title to a cocoa farm fully described in the writ, damages for trespass and other ancillary reliefs.
A great many of the facts in this case were not disputed. Sometime in 1954, the first defendant gave to a Mr. Osei Nyantakyi a loan of £G200. As security for the said loan, Nyantakyi swore and produced to the first defendant an affidavit (exhibit 2) in which he claimed to be the original and bona fide owner in his own right of the farm in dispute. Osei Nyantakyi is a member of the family of which the plaintiff is the head. Again in December, 1956, the first defendant advanced to the self-same Nyantakyi £G1,000. On this, there was a more formal document in which the latter undertook to repay this sum by proceeds of cocoa from the farm in dispute. That document (exhibit 1)…