JUDGEMENT OF JIAGGE, J.
This is a claim for declaration of title to land, specific damages for the destruction of a building on this land and recovery of possession.
The land in dispute is marked on exhibit 4. It has on it a broken wall, a water pipe, and is on a road leading from Bubiashie in the south. Mukose lands are shown on exhibit 4 as lying north of the area in dispute and the boundary of Mukose land is marked green on exhibit 4. South of the green line that marks Mukose land is the wireless acquisition area. To the east of the area in dispute on exhibit 4 is shown a gravel pit and the road to Bubiashie leads south of the gravel pit.
The plaintiff's claim is that the grant of the land was made to him by the Nikoi Olai family. The defendant claimed that the same land was granted to her by the Asere Mantse. The issue, therefore, is whether or not the land in dispute forms part of unoccupied Asere stool land or is land in the possession of the Nikoi Olai family.
There is evidence of…