LASSEY J.A.: This is an appeal from a decision of the High Court, Cape Coast, given in its appellate jurisdiction dated 26 February 1964 (unreported), setting aside a judgment dated 30 December 1960, given in favour of the plaintiff-appellant (hereafter called the appellant) by the magistrate of the Local Court of Komenda, in which he upheld the claim of the appellant to ownership and possession of a small piece of farm land known as “Kotokuom” situate at Bisease in the Central Region of Ghana, and directing that judgment be entered rather in favour of the defendant-respondent (hereafter called the respondent) Ekua Blow for possession of the said piece of farmstead.
The main question arising on this appeal is whether a licensee, who has been permitted according to custom to occupy and use a piece of another person’s ancestral land and who in fact has enjoyed an unfettered occupation and use of portions of that land, could rely on such leave and licence as a defence to a claim by the tr…