PREMPEH J.
This suit was instituted in the Tongu Local Court B and was by order dated the 20th April, 1956 transferred to the Land Court, Accra, and subsequently transferred to this court.
The plaintiffs sued as the duly appointed and recognised heads of the Djavier tribe of Tefle. [His lordship then read the judgment of Coussey, J. set out in the headnote supra and continued:] The plaintiffs claim an order for partition of the land so that the plaintiffs may have as their exclusive property the area on which they have been firmly established and the defendants to have that area on which they have been firmly established as found by the court.
It is to be noted that the parties to this suit are the same as in the second of the consolidated suits in exhibit D tendered herein, to which I shall later refer. In their statement of claim, the plaintiffs reproduced the extract of the judgment of Coussey, J. of 1950 contained in the writ of summons, [reproduced in the headnote supra] and they av…