ADUMUA-BOSSMAN J.S.C.: The action which has led to this appeal was commenced in March, 1958, in the then existing Native Court “B” of Akwatia Area (Akyem Abuakwa) by the plaintiff-respondent before this court (who will be referred to henceforth shortly as the plaintiff), and by his writ of summons he claimed (1) declaration of title to, and (2) recovery of possession of, a parcel of land with cocoa farm thereon, situate at Anyinabrem, near Osenase, the boundaries whereof were described in the writ. The trial court gave judgment for him, declaring that: “We are satisfied that plaintiff cultivated the farm in dispute and therefore give judgment in his favour declaring to him the right title and possession of the farm the boundaries of which are described in the writ of civil summons”.
The defendant-appellant before this court (who is henceforth referred to shortly as the defendant) appealed to the Akyem Abuakwa Native Appeal Court (also then existing) which allowed the appeal, set aside …