KOMEY vs. KORROR

Land-Native law and custom-Stool land-Forfeiture-Determinable estate granted subject to condition-Circumstances in which stool-grantor may cause forfeiture for breach of condition. LanrI-Native law and custom-Stool land-Determinable estate granted for building purposes-Whether this is a condition of the grant breach of which may involve forfeiture. In 1946, the caretaker of Asere Stool land had granted the usufructuary interest (i.e., a determinable estate) in an area of the stool land to the plaintiff, a stool subject, who had thereupon entered into possession. In 1952 the said caretaker purported to make a similar grant of the same area of land to the defendant who, notwithstanding the protests of the plaintiff, entered upon the land and erected a building thereon. The plaintiff thereupon commenced this action for a declaration of his title to the land and for damages for trespass. It was asserted by the defendant that the original grant to the plaintiff had been for the purposes o...