APALOO J.: This is an appeal from the judgment of the Amansie Local Court delivered on the 23rd November, 1960. That judgment dismissed a claim by the plaintiff for a declaration of title to a cocoa farm said to be lying at a place called Nsiena.
The facts of the case, to my mind, present no difficulty. It would seem that the farm in dispute was originally cultivated by a man called Opanyin Asare Kojo. He appears to have died intestate and by the canons of customary law, it became family property. A man whose name was given as Bekoe succeeded Asare Kojo and became possessed of the farm. Another member of the late Asare Kojo’s family who in course of time succeeded Bekoe to this farm was a man called Kewuo. According to the first defendant both Bekoe and Kewuo raised a loan of £G800 from him. After they had paid £G100 the farm in dispute was mortgaged to him to secure the repayment of the balance of £G700 due. The mortgage deed was tendered in evidence and was the subject of considerabl…