OLLENNU J.
In this suit, commenced in the Native Court "B" of Essarkyir, the plaintiff claimed an order upon the defendant to surrender to him his ancestral land known and called Adasemadze, and in default £50 damages. The plaintiff sued in his capacity as head of the Twidan Stool family of Ekumfi Ekrawfo, and sued the defendant as the head of the Adwinadze family of Ekumfi Adansi.
The extent or identity of the land is not in dispute. On April 4, 1956, when the defendant appeared before the Native Court for the first time on the writ, he pleaded not liable generally to the claim, and contended specifically that he was not the head of his family and that he had consequently been wrongly sued. The Native Court heard arguments on both sides, but made no ruling: all it said was:
" Case to proceed-submission heard by both sides."
After the close of the evidence, the Native Court inspected the land in dispute.
In a short judgment delivered on September 23, 1956, the Native Court stated as follo…