DJABANOR J.: By his statement of claim filed on the 30th September, 1961, (writ issued on the 9th August 1961) the plaintiff claimed as follows:
“(1) The plaintiff is entitled to the possession of the plot of land and premises known as No. 22 Block VIII, North Zongo, Kumasi, now in occupation of the defendant Joseph Opoku or his sub-tenants.
(2) The defendant entered into an undertaking on the 4th July, 1956, to develop the said plot by building a main residential house on it within two years from that date and to pay on the 1st day of April in each year a rent of £G18 5s. per annum.
(3) The defendant having failed to comply with the terms of the above mentioned undertaking the said Plot No. 22 Block VIII North Zongo was lawfully and duly re-entered upon on behalf of the plaintiff with the intent of determining the said undertaking on the 24th day of July, 1959.
(4) After the said re-entry the said Joseph Opoku the defendant wrongfully went into occupation and is still in occupation th…