AKUFO-ADDO J.S.C.
The appellant as the successor of her deceased brother Kwabena Afriyie brought an action in the Local Court of Offinso Kwabre by which she claimed a declaration of her ownership to a piece of farm land situate at Mantukwa in Offinso and described as to the boundaries thereof in her writ of summons, £G100 for damages for trespass and an injunction.
The land in dispute is part of Offinso stool land and both the defendant and the plaintiff's predecessor Kwabena Afriyie, as subjects of the Offinso stool, cultivated farms in the area named Mantukwa. According to the evidence some time in or about 1940 a dispute arose between Kwabena Afriyie and the defendant concerning the boundary between their respective cultivated areas. An action brought in the then Offinso Native Tribunal ended in Afriyie's favour and as a result a boundary was demarcated between Kwabena Afriyie's area and that of the defendant. A result of this boundary demarcating appears from the evidence to have b…