LOGAN J.
In this case the plaintiff is claiming £50 damages for trespass committed by defendant by entering on his land known as Dofah's land on 19th June 1920 and placing (Page 100) a fence round it, and also asks for an injunction to restrain defendant from repeating the act complained of. Plaintiff claims that he had been in possession of the land in fee simple according to native customary law since 1902 up to the time of the trespass.
Defendant has admitted the trespass but denies that plaintiff was in possession, and his case shortly is that the land in question was legally and validly conveyed to him by the chief and elders and councillors of the stool of Dutch Seccondee by a deed of indenture dated 18th February, 1920 and duly registered in the Gold Coast Land Registry on 1st March, 1920.
The following issues were settled at the beginning of the case with the concurrence of both sides.
(1) Was plaintiff in possession of the land in dispute on 19th June, 1920 according to native cu…