KORANTENG-ADDOW J.: This is an appeal from the decision of the Local Court of Sefwi-Wiawso which was delivered on 20 March 1964. The facts of the case are simple. The plaintiff is the chief of Enwhia, representing the stool of Enwhia and he brought this action against the defendant who represented the members of the Yuroba Moslem community in Wiawso, claiming damages for trespass. The trespass complained of was that the defendants in spite of a warning were erecting a building (a mosque) on the plot of land belonging to the plaintiff. According to the plaintiff the land is his ancestral property and his ancestor had a dwelling house thereon.
From the evidence it appears that the said land was a grant or presumed grant from the Omanhene of Sefwi-Wiawso. The ancestral house set up on the land is no longer there. Another significant fact is that in more recent times, about thirteen years prior to the institution of this action, a public bath-house had been built on the land by the Wiawso …