JUDGMENT
OLLENNU J. This is an appeal from a judgment of the Buem-Krachi Native Court" A," Jasikan, delivered on June 13, 1957, in favour of the defendant. The claim is for a declaration of ownership of, damages for trespass to, and recovery of possession of a piece of land with a cocoa farm thereon. The Native Court properly found upon the proceedings that the declaration sought was not as to the absolute ownership but as to the usufruct of a portion of Dapa Stool land which the plaintiff had farmed.
The plaintiff admitted that the land was the property of the Dapa Stool, of which the defendant is the occupant. His complaint was that the defendant had wrongly seized the farm which he made in 1941 on the stool land and was depriving him of the enjoyment of the fruits of the said farm. He maintained that he was a subject of the Dapa Stool and is entitled by custom to occupy a portion of the stool land. He contended further that in any event the area he farmed was a portion of land origin…