WARE
V.
SOBOAH

VAN LARE J.S.C.: In this case the respondent instituted an action against the appellant for a declaration of title to an area of land which on the evidence has been in a communal use and occupation of the people of both parties—Ampeyohene and Pampawiehene respectively. The respondent was therefore unable to establish his claim that he was the sole absolute owner of the disputed land. The trial native court in dismissing the respondent’s claim of title or absolute ownership however made a finding that the parties are joint owners of the disputed land. This finding of fact is bound to raise certain controversial matters and as, on the evidence the appellant also laid claim in him alone as against the respondent, it is not competent for the trial native court to make such a pronouncement. The appellant failed to get the learned judge of the Land Court to delete such a controversial finding of fact from the judgment of the trial native court, it not being an issue before the court. This a…