ARYITEY
V.
AYELEY
OLLENNU J.: This is an appeal from a judgment of the Accra West Local Court delivered on the 19th October, 1961 dismissing a claim by the plaintiff to the ownership of a piece of land situate at a place called Mgbemgbritey village, Mataheko, and damages for trespass. The cause of action as disclosed both in the writ of summons and in the evidence is that the defendant had made a farm on the said land.
The said land is agreed by both sides to be portion of Sempe stool land. The plaintiff’s case is that the land was granted and conveyed to him by the Sempe Mantse. The defendant on the other hand claimed that the said land was sold to him by one Modua Abrahams who claims to be stool father to the Sempe stool.
The plaintiff did not give evidence in chief. After taking the oath he simply said he relied upon the statement or particulars of his claim as set out in his writ of summons. He was then cross-examined. It must be pointed out that this practice of parties to suits in the local courts …