AKUFO-ADDO J.S.C.
Learned counsel for the defendant’s submission was that the learned judge was wrong in his view that Opanin Kofi Dade was a disinterested witness because as Osafohene of the Kotropei stool and, therefore, a principal elder of that stool which claims the right of alienation of the land in dispute and the only representative of the stool who gave evidence for the plaintiff he could hardly be described as a “disinterested witness.” It is really difficult to understand how the learned judge came to describe this witness as a “disinterested witness” and indeed learned counsel for the plaintiff had to concede that the description was inapt. But counsel for the plaintiff submitted that the trial judge made a mistake in his reference to this witness, for he actually intended to refer to John Agyakwa whose name appeared on the deed of gift as the interpreter and who gave evidence for the plaintiff. Counsel then referred to the evidence of the said Opanin Kofi Dade in substant…