TWUMASI, J.A.
By paragraph 3 of his Statement of Claim the respondent to this appeal averred that on the 5th January, 1991 he purchased a piece of land at East Legon and obtained a Land Title Certificate No. GA 8989 Vol. 54 Folio 106 with an approximate area of 0.298. The respondent claimed that he purchased the land from a family called "Wofa Trebi Family" of Teshie Lenshie whose head of family was one Ebenezer Afutu. The respondent admitted in cross-examination that he appointed one Captain George Acquah to act for him in all matters affecting the land, but denied instructing the said Acquah to sell the land. When respondent was asked in cross-examination as to whether he conducted a search at the Lands Valuation Board his answer was as follows:—
"Yes. But I was told the land belonged to Obodaifio who gave same to Defendant. There was judgment in a dispute over the land and there had to be a Deed of Surrender giving the land to Afutu.
Q: You were not given a report
A: No.
The respondent …