PREMPEH vs. ADO

ADUMUA-BOSSMAN J. The appeal is against the decision of the magistrate of the Accra East Local Court in two cross-actions by the same parties against each other for declaration of title in respect of the same piece or parcel of land situate at Labadi which the magistrate tried together. The first action was No. 239/60 in which the respondent in this appeal, as plaintiff, sued the appellant before the court claiming that the latter had trespassed on a portion of an area of land granted to him by the head and elders of the Abafum quarters of Labadi by customary grant about seven years ago and subsequently confirmed by a formal deed of conveyance dated the 30th December, 1959. The second action was No. 252/60 in which the appellant before this court, as plaintiff, sued the respondent claiming that the latter had trespassed on a portion of an area of land granted to him also by customary [p.429] grant as far back as 36 years ago by the elders of the Labadi Presbyterian Mission. The...