JUDGMENT
AMES, Ag. JA
This case started in August, 1951, in the Akyem Abuakwa Native Court " A," where the present appellant was theplaintiff. He claimed a declaration of title to land and recovery of its possession and mesne profits against one Attaa of Asuboi (as customary successor to Agya Mfodjo, deceased). Afterwards one Odartey Lanquaye was joined and called the co-defendant. The Native Court gave judgment for the plaintiff for a declaration of title and possession but added an order in the following terms: -
" Since the plaintiff has been declared the rightful owner of the land and farm in dispute we make an order that he compensates defendant (successor of the late Mfodjo who cultivated it) with one half portion thereof. To be divided by the Court for them if they wish."
There was an appeal against that decision to the Land Court, which ended in October, 1954. The Land Court set aside the decision of the Native Court and the order for the division of the land and substituted an o…