OLLENNU J.A.: The plaintiff, respondent to this appeal (hereinafter called the plaintiff), and the defendant, the appellant (hereinafter called the defendant), were married under customary law; their marriage subsisted for about twenty years, and was dissolved in or about April 1961.
It is the plaintiff’s case that he made two farms during the period of the marriage, one at a place called Ampontua-Kwayem, the other at Nkonsia. The plaintiff alleged that he made a gift of the Ampontua-Kwayem farm to the defendant, and partitioned the farm at Nkonsia, and permitted the defendant to occupy one portion of it for her use, but never made a gift of it to her as he did in the case of the Ampontua-Kwayem. That portion is the subject-matter of this appeal.
The plaintiff alleged that upon the dissolution of the marriage he demanded the return of the farm in the presence of the arbitrators who dissolved the marriage, and that the defendant agreed to surrender it, whereupon, he said, each of them p…